HomeMy WebLinkAboutWORKSHOP LTACJEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: April 28, 2025
SUBJECT: WORKSHOP re: LTAC
STATEMENT OF ISSUE:
BoCC held a Workshop on April 21, 2025, to discuss Jefferson County's tourism related boards and
committees, specifically the Tourism Coordinating Council (TCC) and Lodging Tax Advisory Committee
(LTAC). During that meeting, the BoCC repealed and replaced Jefferson County Resolution Number 78-03
with Jefferson County Resolution Number 26-0421-25R updating TCC's priorities. BoCC also reviewed
draft By -Laws for LTAC. Based on public comment at the Workshop, the county verified there are no
LTAC By -Laws. BoCC set a follow up Workshop one week later to continue LTAC discussions.
ANALYSIS:
The attached draft LTAC By -Laws incorporate feedback from BoCC's discussion and public comments
made during the Workshop on April 21, 2025. The draft By -Laws use a standardized template that complies
with Jefferson County Resolution Number 50-22, Open Public Meeting Act Guidelines for County Boards,
Commissions & Committees. Many different county boards, commissions, and committees have By -Laws
that use this same template. The draft LTAC By -Laws are intended to be a draft only, and are for review and
discussion. The final version of the LTAC By -Laws will need to be approved by both LTAC and BoCC and
comply with applicable law.
As was discussed at last week's Workshop, RCW 67.28.1817(1) authorizes the Lodging Tax Advisory
Committee (LTAC) and outlines the scope of the committee. Specifically, "The appointing authority shall
review the membership of the advisory committee annually and make changes as appropriate." At this time,
BoCC needs to solicit LTAC board member applications, conduct interviews if they so choose, and appoint
the 2025 LTAC members. Historically, LTAC has used the attached timeline as a guide for their work.
Attachments:
Draft By -Laws Clean Version
Draft By -Laws Redline Version
LTAC Timeline
FISCAL IMPACT:
There is no fiscal impact at this time.
RECOMMENDATION:
The consensus of BoCC during the April 21, 2025 Workshop was to provide the draft LTAC By -Laws to
LTAC, so they can review and make any recommended changes. BoCC should expeditiously provide staff
with guidance regarding desired next steps, since the typical schedule instructs the LTAC to convene their
first meeting in July.
REVIEWED BY:
Mark McCauley unty Administrator Dat
LTAC Timeline
(Example)
Lodging Tax Funding Timeline
Early February Remind Lodging Tax recipients to return reporting form to
prior year (deadline: February 28)
Late February Deadline for receiving Lodging Tax reporting forms from
LTAC recipients (deadline: February 28)
March Input State Lodging Tax reports online at Joint Legislative
Audit & Review Committee (JLARC).
July Schedule special meeting to discuss funding for upcoming
year and prep RFP for edits.
Early August Prepare RFP
Schedule a date for LTAC meeting to review
applications/presentations (in SEPTEMBER Oetebe )
Mid August Email RFP to prior year Lodging Tax recipients; Post RFP
on website; Send RFP legal notice to newspaper of record
Early Sept Deadline for receiving funding proposals.
Notify Lodging Tax Applicants of the meeting
date/presentation time
Mid September LTAC meeting re: Presentations/Determinations (this is a
special meeting and needs to be noticed as such)
Mid October Present recommendations to BOCC for ratification.
Send results to recipients after BOCC approves
recommendations
Late October Prepare agreements and send through Contract Review
Process
November Schedule agreements on Consent Agenda for BOCC
approval
Then Send agreements to funding recipients
Draft LTAC By -Laws
(Clean)
2025
DRAFT
Jefferson County LTAC By -Laws
Orson County
LTAC By -Laws
04/28/2025
Jefferson County LTAC By -Laws
Table of Contents
1.
AUTHORITY.........................................................................................................................
2
2.
ROLE OF THE LTAC..............................................................................................................
2
3.
DUTIES OF THE LTAC...........................................................................................................
2
4.
COMPOSITION OF THE LTAC...............................................................................................
6
5.
APPOINTMENT AND TERM OF MEMBERS OF THE LTAC....................................................
6
6.
NO COMPENSATION FOR MEMBERS OF THE LTAC............................................................
7
7.
LTAC OFFICERS, THEIR DUTIES, AND THEIR TERM OF OFFICE ............................................
7
8.
PROCEDURE FOR REMOVAL OF LTAC VICE CHAIR..............................................................
7
9.
SUBCOMMITTEES OF THE LTAC..........................................................................................
7
10.
LTAC MEMBER ROLES AND RESPONSIBILITIES...................................................................
8
11.
REGULAR MEETING SCHEDULE...........................................................................................
8
12.
QUORUM REQUIREMENT...................................................................................................
9
13.
VOTING................................................................................................................................9
14.
CONFLICT OF INTEREST/APPEARANCE OF FAIRNESS FOR MEMBERS OF THE LTAC........... 9
15.
REPORTS, RECOMMENDATIONS AND CORRESPONDENCE FROM THE LTAC..................... 9
16.
COMPLIANCE WITH THE OPEN PUBLIC MEETING ACT IS REQUIRED ...............................
10
17.
NOTICE OF EACH MEETING OF THE LTAC.........................................................................
10
18.
AGENDA FOR EACH MEETING OF THE LTAC.....................................................................
10
19.
ABSENCES..........................................................................................................................11
20.
CONDUCT OF EACH MEETING OF THE LTAC.....................................................................
11
21.
RECORD OF MEETINGS OF THE LTAC................................................................................
12
22.
MINUTES OF MEETINGS OF THE LTAC..............................................................................
12
23.
AMENDMENT OF THESE BY-LAWS....................................................................................
12
24.
SAVINGS CLAUSE...............................................................................................................
12
25.
EFFECTIVE DATE....................................................................................,...........................
12
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Jefferson County LTAC By -Laws
1. AUTHORITY
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.
3. DUTIES OF THE LTAC
Chapter 67.28 RCW limits how lodging tax revenue can be distributed in at least six ways.
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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
(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.
1 "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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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;
(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.
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(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 underthis subsection must begin in calendaryear
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 m.unicipality'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 of the LTAC RFP process is below:
LTAC reviews proposals, approves or BoCC signs LTAC
LTAC sends out RFP deliberates, and makes fJrBoCC
ejects LTAC contracts
recommendations recommendations
END
OF -
RFP
CYCLE
The LTAC is an advisory body only and makes recommendations to the BoCC on lodging tax revenue
distribution prior to final action by the BoM 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.
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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
• One member shall be an elected official of the BoCC 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).
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 consistent with JCC
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).
S. APPOINTMENT AND TERM OF MEMBERS OF THE LTAC
The LTAC Chair shall be the designated BoCC member serving on the committee. This position has no term
limits, however the BoCC shall review their designated member annually when setting committee
assignments. The BoCC member assigned to LTAC is Position 1.
The remaining member terms shall be staggered 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:
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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 two-year (2)
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 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 Chair is the designated BoCC member. The Vice Chair shall be
elected by the LTAC committee during the first meeting of each year.
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 Vice Chair of the LTAC shall serve for one year from the date of election. The Vice Chair shall not serve
for more than two consecutive terms as Vice Chair.
8. PROCEDURE FOR REMOVAL OF LTAC VICE CHAIR
The LTAC may remove the Vice Chair, 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.
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.
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Jefferson County LTAC By -Laws
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.
• 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 are held in the BoCC Chambers and 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).
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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.
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,
9 1 P a g e
Jefferson County LTAC By -Laws
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: (a) Posted
on an agency's website; (b) Prominently displayed at the main entrance of the agency's principal location
and the meeting site if it is not held at the agency's principal location; and, (c) 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.
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Jefferson County LTAC By -Laws
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 giving 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.
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
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Jefferson County LTAC By -Laws
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 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.
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 d of
2025.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
Greg Brotherton, Member
Heather Dudley-Nollette, Member
131 Page
NOISH3A 3NIl aid
Draft LTAC By -Laws
(Redline)
00017
So
CMG
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I�
LNL 4h,- b wow;d
Revised Draft By-laws Ajoril28 2025
RED LINE VERSION
RED LINE VERSION
Jefferson County LTAC By -Laws
Table of Contents
1 AUTHORITY......................................................................................................................... 2
2 ROLE OF THE LTAC.............................................................................................................. 2
3 DUTIES OF THE LTAC......................................................................................................... 3-2
4
COMPOSITION OF THE LTAC............................................................................................ 7g
5
APPOINTMENT AND TERM OF MEMBERS OF THE LTAC..................................................
86
6
NO COMPENSATION FOR MEMBERS OF THE LTAC..........................................................
9-7
7
LTAC OFFICERS, THEIR DUTIES, AND THEIR TERM OF OFFICE ..........................................
9-7
8
PROCEDURE FOR REMOVAL OF LTAC VICE CHAIR............................................................
99
9
SUBCOMMITTEES OF THE LTAC........................................................................................
99
10
LTAC MEMBER ROLES AND RESPONSIBILITIES...............................................................
109
11
REGULAR MEETING SCHEDULE......................................................................................
119
12
QUORUM REQUIREMENT...............................................................................................
119
13
VOTING............................................................................................................................119
14
CONFLICT OF INTEREST/APPEARANCE OF FAIRNESS FOR MEMBERS OF THE LTAC.......
129
15
REPORTS, RECOMMENDATIONS AND CORRESPONDENCE FROM THE LTAC...............
1249
16
COMPLIANCE WITH THE OPEN PUBLIC MEETING ACT IS REQUIRED ...........................
1319
17
NOTICE OF EACH MEETING OF THE LTAC.....................................................................
13-19
18
AGENDA FOR EACH MEETING OF THE LTAC.................................................................
1344
19
ABSENCES.....................................................................................................................
1444
20
CONDUCT OF EACH MEETING OF THE LTAC.................................................................
14-1-4
21
RECORD OF MEETINGS OF THE LTAC............................................................................
15-1-2
22
MINUTES OF MEETINGS OF THE LTAC..........................................................................
1544
23
AMENDMENT OF THESE BY-LAWS................................................................................
154-2
24
SAVINGS CLAUSE...........................................................................................................
164-3
25
EFFECTIVE DATE............................................................................................................
163-3
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Jefferson County LTAC By -Laws
1. AUTHORITY
RED LINE VERSION
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, Pstah'" hed governed by Jefferson County Resolution No. 78-4326-0421-25Rol
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
1 Updated for new resolution number.
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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 sere support -,� the primary staff contaet fe
#i<� LTAC. -The r,.-;maFy staff „+-,,.+ fG_F the L T^Cstaff member shall be ea-lle441ke �T"4 CeE)WiRa- Gr. Th
' T C= C-^^rd-iRateF shall meet annually with the Chair to review staffing a -Rd budget Ganstraintsneeds.3
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:
' Added based on public comment and BoCC discussion.
3 Removed term "Coordinator" and clarified there is BoCC staff member assigned to LTAC.
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(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
(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 lodgingtax 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.
4 "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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(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;
(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 underthis subsection must begin in calendaryear
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
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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).
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A visual of Tthe LTAC,,,ceeess fGFRFP eye4es rp ocess :is below:
rdeFibe
reviews proposals, BoCC approves or
LTAC sends out RFPrates, and makes rejects LTAC
commendations recommendations
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
• One member shall be an elected official of the BoCC who shall serve as Chair of the committee.
5 There was discussion about this at the BoCC Workshop on April 21, 2025. This is a requirement in RCW
67.28.1817 and JCC 3.25.020.
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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).
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 here ape pur-sHant toare pursuant to RCW 67.28.1817(1)
and.-- consistent with JCC 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 GeoRty BoCC member serving on the committee.
This position has no term limits, however the .BoCC shall review their designated member annually when
setting committee assignments. -The BoCC Ghaffmember assigned to LTAC is Position 1.6
The remaining member terms shall be staggered 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.
6 Based on public comment this section was edited to clarify that the BoCC member can be any BoCC
member [does not need to be the BoCC Chairl.
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After the initial board members are appointed, all subsequent term limits shall be two-year (2)
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 to I TAC by the BoCC.
As stated in Section 4 above, the BoCC shall review LTAC membership of the ' T^G annually and make
changes as appropriate. RCW 67.28.1817(1).
6. NO COMPENSATION FOR MEMBERS OF THE LTAC
LTAC A/tmembers ^{o, the ITAC shall serve without compensation.
7. LTAC OFFICERS, THEIR DUTIES, AND THEIR TERM OF OFFICE
There shall be a Chair and Vice Chair. The Chair is the designated BoCC *^rated effie!aimember. The Vice
Chair shall be elected by the LTAC committee during the first meeting of each year.
The Chair shall preside over the LTAC meetings and coordinate development of the agenda with the
assigned t4l;e--TA.0 Ceer':ter--Sta-ff Fepresenta# Hstaff mernber. 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 Vice Chair of the LTAC shall serve for one year from the date of election. The Vice Chair shall not serve
for more than two consecutive terms as Vice Chair.
8. PROCEDURE FOR REMOVAL OF LTAC VICE CHAIR
The LTAC may remove the Vice Chair, 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.
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.
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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
• 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.
This is to ensure OPMA compliance by limiting the number of LTAC members that can attend a sub-
committee meeting.
8 The OPMA does not extend to advisory committees or "entities that do nothing more than conduct
internal discussions and provide advice or information to the governing bod ." Citizens All. forProp. Ri hts
Legal Fund v. San Juan County, 184 Wn.2d 428 442 359 P.3d 753 (2015).
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• 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.
i Be a respectful participant, treating others with respect and kindness.
11. REGULAR MEETING SCHEDULE
LTAC shall held- at-minirnum one regular meeting ne calendar year. set a regular meeting schedule during
their first meeting of the year.'
LTAC Special Meetings are held in the BoCC Chambers and 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.
' LTAC typically holds special meetings based on RFP cycle. It may be helpful to establish a regular meeting
SChPr1ulP_.
io Removed based on general discussion during April 21, 2025 Workshop. While TCC and LTAC are related
by their focus on tourism, it is not necessary to require they meet together. However, if TCC and LTAC did
want to have a joint meeting at any point, nothing prohibits that from happening
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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.
However, members of the LTAC shall disclose personal or business interests that may conflict with a
matter of discussion by the committee immediately tG t4e ,.�� that might tend to prejudice the
member's participation in any meetings, reports, recommendations and correspondence of the LTAC.11
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 r;-r. -«;^„ ^r 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.
11 Edited for clarity based on public comme- -
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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: (a) Posted
on an agency's website; (b) Prominently displayed at the main entrance of the agency's principal location
and the meeting site if it is not held at the agency's principal location; and, (c) 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 Cha „I-E. the item an an Or May SLA for the LTAC try selleit Capin)
fFGI! . the community. The Chair shall place the interests of the committee above any personal interest.12
The Chair shall place items on the upcoming agenda, which shall allow for public comment prior to taking
fina I action. consistent with RCW 42.30.240f 11.13
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.
12 Added based on public comment.
13 Pursuant RCW 42.30.240(1), "Except in an emergencV situation the governing body of a public agency
shall provide an opportunity at or before every regular meeting at which final action is taken for public
comment." See also Jefferson County Resolution Number 50-22, Open Public Meeting Act Guidelines for
County Boards, Commissions & Committees.
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LTAC members wishing to review iter s consult with
the Chair- LTAC staff who will ask the Chair for permission to have the item placed the items) on a future
agenda.
19. ABSENCES
LTAC mMembers w44-shall notify the Chair and the LTAC EeeFdillatGr staff if the member is unable to
attend a LTAC regular meeting. The Chair, with assistance the LTAC 4ia�staff, shall document the
excuse provided for the absences in question. If no excuse is giving for a particular absence, it shall be
considered unexcused.
At the start of each meeting, the Chair will ask the LTAC Ge9FdiRat 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 CoordisiateF will record the roll call, and notify the Chair if a quorum is present.
The LTAC staff QeerdinateF 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.
1
_
■
b. LTAC meetings shall follow procedural guidance set forth in Jefferson County Resolution Number
50-22, Open Public Meeting Act Guidelines for Countv 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.
14 Removed based on public comment.
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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) will be taken up ONE (1) HOUR AND THIRTY (30) MINUTES AFTER
COMMENCEMENT OF THE MEETING. HeweveF, th his does not apply to Special Meetings, where
no new agenda items may be added, if not previously that were not pFeyieusly 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 der -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
15 Edited for clarity.
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These By-laws may be amended_ by theLTAC by majeF;ta majority vote of the LTAC members, provided
the BoCC approves tie -air By-law amendments by a majority vote.l6
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 Edited for cla
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Jefferson County LTAC By -Laws
ADOPTED THIS DAY OF 2025.
LODGING TAX ADVISORY COMMITTEE
Chair
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ADOPTED this day of 2025.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
Heidi Eisenhour, Chair
Greg Brotherton, Member
Heather Dudley-Nollette, Member
17 Requires LTAC to approve B -Laws before recommending them to BoCC.
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