budget and fiscal management committee july 6, 2021 agenda

Budget and Fiscal Management Committee

July 6, 2021

Agenda Item No. 5 Proposed Ordinance No. 2021-0238

8th COVID-19 Supplemental

Meeting Materials

BFM Additional Meeting Materials July 6, 2021

Metropolitan King County Council Budget and Fiscal Management Committee

STAFF REPORT

Agenda Item: 5 Name: Andrew Kim Jenny Giambattista

Proposed No.: 2021-0238 Date: July 6, 2021 SUBJECT The eighth emergency supplemental appropriation ordinance to support activities and necessary expenditures in response to the COVID-19 public health emergency. SUMMARY On May 25, 2021, the council adopted the COVID 7 emergency supplemental appropriations ordinance1, which appropriated $367 million of the county’s allocation of the $437 million of the American Rescue Plan Act (ARPA) Coronavirus Local Fiscal Recovery Fund (CLFRF) moneys for response and recovery efforts due to the COVID-19 pandemic. The county has already received half of the county’s allocation of CLFRF from the U.S. Department of Treasury and is expected to receive the remaining half next year. The proposed appropriation (COVID 8) would appropriate $68.2 million of the remaining $70 million of the county’s CLFRF allocation for the following:

• Legal System Backlog $30.8 million • Public Health Response to the pandemic $17.7 million • Civil Legal Aid and Immigrant Community Supports $13.2 million • Economic Recovery / Workforce Development $5.6 million • County Operations in response to the pandemic $0.9 million

The proposed COVID 8 would also appropriate an additional $134.4 million, which would be funded by various federal and state grants (most of which are also supported by ARPA) for the following:

• Community Supports (CDBG, HOME, Rental Assistance) $83.9 million • Vaccination Efforts (Jail Health, Mass Vaccination Program) $27.7 million • Public Health Response to the pandemic $11.3 million • Technical Appropriations to prior COVID supplementals $9.5 million • County Operations in response to the pandemic $2.1 million

1 Ordinance 19289, enacted June 11, 2021.


BACKGROUND COVID-19 Supplemental Appropriation Ordinances. To date, the council has adopted eight supplemental appropriations ordinances for expenses related to the response of the COVID-19 public health emergency totaling more than $1.0 billion. This included seven emergency supplemental appropriations ordinances (COVID 1 through COVID 7) and one supplemental appropriation ordinance to support child care services for essential workers. Table 1 below shows a summary of the supplemental appropriations.

Table 1 Summary of COVID-19 Supplemental Appropriations.

COVID Supplemental Ordinance Operating Capital Total

COVID 1 (March 2020) 19066 $12.3 M $15.1 M $27.4 M

PSTAA Child Care (March 2020) 19086 $2.2 M $0.0 M $2.2 M

COVID 2 (April 2020) 19103 $32.0 M $30.9 M $62.9 M

COVID 3 (June 2020) 19120 $86.1 M $4.5 M $90.6 M

COVID 4 (September 2020) 19157 $76.7 M $17.4 M $94.1 M

COVID 5 (December 2020) 19191 $40.9 M $5.8 M $46.6 M

COVID 6 (March 2021) 19265 $93.2 M $1.1 M $93.3 M

COVID 7 (May 2021) 19289 $597.3 M $34.3 M $631.3 M

TOTAL $940.7 M $109.1 M $1,049.5 M The appropriations supported county operational expenses related to the COVID-19 pandemic, expenses related to Isolation/Quarantine, Assessment and Recovery, and Shelter De-Intensification sites, expenses for contact tracing, testing and care coordination led by Public Health, support to cities, and various grant programs to provide community support and economic recovery to small businesses, arts and culture organizations, and individuals in need of housing, food, and health assistance. The first seven appropriation ordinances were primarily funded by various Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act)2 grants such as the Federal Emergency Management Agency (FEMA) disaster relief funding and the Treasury Department's Coronavirus Relief Fund (CRF), which provided a direct allocation to the county of $263 million. The appropriations were also funded by the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) included in the 2021 Consolidated Appropriations Act that supplemented the CARES Act by providing approximately $900 billion in additional federal aid.3 Notable for the county, the CRSSAA provided the county $45 million of Department of Treasury grants to support emergency

2 H.R. 748 – 116th Congress. URL: https://www.congress.gov/bill/116th-congress/house-bill/748. 3 H.R. 133 – 116th Congress. URL: https://www.congress.gov/bill/116th-congress/house-bill/133.


https://www.congress.gov/bill/116th-congress/house-bill/748

https://www.congress.gov/bill/116th-congress/house-bill/133/text

rental assistance and it also extended the deadline to spend the CARES Act’s CRF moneys to December 31, 2021. Lastly, the appropriations were also funded by other county revenue sources for those expenditures that were not eligible for CARES Act funding. COVID 7 and American Rescue Plan Act of 2021. The COVID 7 supplemental appropriations ordinance, adopted on May 25, 2021, is the largest COVID-19 supplemental appropriations ordinance adopted to-date. Of the $631 million appropriated, $367 million of the COVID 7 is expected4 to be primarily funded by the county’s allocation of the American Rescue Plan Act (ARPA) Coronavirus Local Fiscal Recovery Fund (CLFRF) moneys. The remaining appropriations will be funded by various state and federal grants also supported by ARPA. On March 11, 2021, the American Rescue Plan Act of 20215 (ARPA), which appropriated $1.9 trillion to mitigate the impacts of the COVID-19 pandemic, became law. Along with individual stimulus payments and expansion of unemployment benefits and public health measures, the bill also included direct allocations to counties through the Department of Treasury’s Coronavirus Local Fiscal Recovery Fund (CLFRF). The county’s direct allocation is approximately $437 million and can be used for the following expenses:

A. Respond to the public health emergency with respect to COVID–19 or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality,

B. Respond to workers performing essential work during the COVID–19 public health emergency by providing premium pay to eligible workers of the county that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work,

C. For the provision of government services to the extent of the reduction in revenue of such county due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of the county prior to the emergency, or

D. Make necessary investments in water, sewer, or broadband infrastructure. ARPA requires that the Department of Treasury provide the CLFRF to the county in two portions where the first half would be allocated within 60 days of the county providing a certification on the use or need of these funds to the Department of Treasury. The second half would be allocated one year later. According to executive staff, the county received $218.8 million (50% of $437 million) from the Department of Treasury in May 2021 and is expected to receive the remainder in May 2022. As noted above, COVID 7 included the use of $367 million of the $437 million ARPA CLFRF designated for the county. The COVID 8 supplemental appropriations ordinance

4 Eligibility, based on federal requirements, on the use of ARPA CLFRF moneys for the programs that were supported by appropriations included in COVID 7 is ongoing. 5 H.R. 1319 – 117th Congress. URL: https://www.congress.gov/bill/117th-congress/house-bill/1319.


https://www.congress.gov/bill/117th-congress/house-bill/1319

proposes to allocate $68.2 million of the $70 million remaining ARPA CLFRF moneys. Executive staff note that the county’s high cash balance and positive cash flow would allow the county to expend now without having to wait for receipt of the second half of the CLFRF allocation next year. Status of the General Fund. At the request of council staff, the Office of Performance, Strategy and Budget (PSB) provided an updated General Fund Financial Plan (Attachment 5 to this staff report). According to the financial plan, the Ending Undesignated Fund Balance for the remainder of the 2021-2022 biennium is estimated to be $46.4 million, which meets the 6%-8% target as suggested by the County’s Comprehensive Financial Management Policies6 which recommend at least a 6% of Ending Undesignated Fund Balance of annual revenues, less intergovernmental receipts, and inter-fund transfers, in order to maintain the county's credit rating, meet seasonal cash flow shortfalls, help maintain services during short periods of economic decline, and meet emergency conditions. It should be noted that this estimate maintains the same level of Ending Undesignated Fund Balance at the adoption of the 2021-2022 Biennial Budget last fall. The staff report for the COVID 7 supplemental appropriations ordinance7 noted that the General Fund would add $83 million to its Ending Fund Balance compared to the General Fund Financial Plan adopted during the 2021-2022 Biennial Budget. The updated Financial Plan (Attachment 5 to this staff report) shows that this has been reduced to $60 million. The reduction accounts for additional spending that would be included in future supplemental appropriations ordinances including costs associated with State v. Blake8,9 and the 2nd Omnibus (Mid-biennial budget), which is scheduled to be transmitted in September 2021. Council staff analysis is ongoing on determining additional details on the reduction of the Ending Fund Balance since the adoption of COVID 7. Of the $60 million of the additional Ending Fund Balance, the executive has designated $31 million to the new COVID-19 Response Reserve to pay for the costs of recovering from the pandemic and the remaining $29 million to the Risk Reserve to alleviate future risks to the General Fund’s financial health. It should be noted that moneys designated in reserves have not been appropriated by council and would need council approval to be expended. COVID-19 Priorities for 2021. On February 9, 2021, the council adopted Motion 15816, which set the county's priorities for allocation of federal and state COVID-19 relief moneys available in 2021. The motion requested the executive to make proposals allocating COVID-19 relief moneys based on the following priorities:

6 Motion 15250, adopted November 13, 2018. 7 Ordinance 19289, enacted June 11, 2021. 8 Proposed Ordinance 2021-0249. 9 On February 25, 2021, the Washington State Supreme Court in State v. Blake declared unconstitutional Washington’s strict liability drug possession statute, which criminalized unintentional, unknowing possession of controlled substances without a prescription. More details: http://mrsc.org/Home/Stay-Informed/MRSC-Insight/March-2021/The-Status-of-Drug-Possession-in-Washington-State.aspx.


http://mrsc.org/Home/Stay-Informed/MRSC-Insight/March-2021/The-Status-of-Drug-Possession-in-Washington-State.aspx

http://mrsc.org/Home/Stay-Informed/MRSC-Insight/March-2021/The-Status-of-Drug-Possession-in-Washington-State.aspx

• County’s public health response to the pandemic including vaccination efforts, • Use a principled approach based on equity and social justice values and in

promoting antiracist outcomes in allocating the relief moneys, • Narrow range of services to ensure that limited relief moneys have the most-

effective recovery impact and avoid duplication of services, • Alleviate administrative burdens for organizations in applying for and receiving

relief moneys, and • Provide direct emergency response for the following services: food security and

access; housing stability and homelessness; child care and workforce support; economic recovery; mental health, behavioral health, substance use disorder, safety, and security; and the judicial system.

ANALYSIS The proposed ordinance (COVID 8) would appropriate approximately $202.6 million and 25.5 FTEs in response to the COVID-19 pandemic and support 130.3 short-term temporary (STT) / term-limited temporary (TLT) county positions. Of the total proposed, COVID 8 would appropriate $68.2 million of the remaining $70 million of the county’s ARPA CLFRF allocation for the following:

• Legal System Backlog $30.8 million • Public Health Response to the pandemic $17.7 million • Civil Legal Aid and Immigrant Community Supports $13.2 million • Economic Recovery / Workforce Development $5.6 million • County Operations in response to the pandemic $0.9 million

Of the total proposed, COVID 8 would also appropriate an additional $134.4 million, which would be funded by various federal and state grants (most of which are also supported by ARPA) for the following:

• Community Supports (CDBG, HOME, Rental Assistance) $83.9 million • Vaccination Efforts (Jail Health, Mass Vaccination Program) $27.7 million • Public Health Response to the pandemic $11.3 million • Technical Appropriations $9.5 million • County Operations in response to the pandemic $2.1 million

It should be noted that revenue sources for some of the proposed appropriations may change based on Department of Treasury’s interim final rule on ARPA CLFRF10. For comparison, in 2020, of the $263 million of CARES Act CRF funds appropriated, approximately $7.4 million (2.8%) were either high risk for ineligibility of CRF funding or ineligible for CRF funding. As a result, General Fund were used to support these programs. To mitigate the impacts to the General Fund, the executive used the unspent CRF funds to support General Fund-supported personnel costs for staff that would be

10 31 CFR Part 35 (RIN 1505-AC77), URL: https://home.treasury.gov/system/files/136/FRF-Interim-Final-Rule.pdf.


https://home.treasury.gov/system/files/136/FRF-Interim-Final-Rule.pdf

redeployed to support the county’s pandemic relief efforts. Similar approaches may be considered with the use of ARPA CLFRF. Executive staff state that ARPA also allows for expanded reimbursement of internal administration costs which may create additional funding flexibility for ARPA CLFRF programs that are either ineligible or whose efficacy would negatively impacted by compliance requirements. The COVID 7 supplemental appropriations ordinance established approximately 37 new programs. As a result, executive staff state that eligibility determination for all COVID 7 appropriations, expected to be funded by ARPA CLFRF, would be ongoing through the rest of the year and possibly through to 2022. As noted above, ARPA allows CLFRF moneys to be expended through December 31, 2024 and therefore new programs established using ARPA CLFRF moneys (both in COVID 7 and COVID 8) could extend beyond the current biennium. Executive staff state that they expect the first round of eligibility reviews would be completed around the end of July 2021. Legal System Backlog. COVID 8 would appropriate $30.8 million of ARPA CLFRF moneys allocated among the King County District Court (KCDC), Department of Public Defense (DPD), Prosecuting Attorney (PAO), Department of Judicial Administration (DJA), and King County Superior Court (KCSC) to address the backlog in the legal system caused by the closure and slowdown of the judicial system as a result of the COVID-19 pandemic. Current Backlog. While the overall level of year to date felony filings is less than in 2018 and 2019, there is a significant backlog of cases in the criminal justice system as the operational impacts from COVID-19 pandemic has prevented some cases from resolving. PAO reports there are currently 6,450 pending felonies as compared to an average of 3,250 from Jan. 2019 through March 2020. Of these pending cases excluding Drug Court, 3,085 are in Seattle and 2,497 are at the Maleng Regional Justice Center (MRJC). Additionally, as shown in the PAO provide Figure 1 below, there has been an increase in the number of pending11 more serious offenses (homicide, rape, domestic violence, robbery, shootings) from 1,700 such cases pre-COVID to an estimated 2,700 in June 2021 (see graph below) from the PAO. Additionally, PAO reports there has been an increase in the number of shots fired in 2020 and 2021, consistent with national trends.

11 These cases have all been filed by the PAO and are set for trial.


Figure 1 Number of Pending More Serious Offenses12.

Additionally, as cases take longer to resolve and as the in-custody jail population reflects a higher percentage of serious felonies, DAJD reports the average length of stay for pre-trial felony defendants has increased from 41.5 days in 2019 to 88.4 days in 2021. Similarly, PAO reports the median age of these open cases in PAO has increased from about 140 days to 286 days. COVID 8 (Proposed Ordinance 2021-0238). COVID 8 would appropriate ARPA CLFRF funding as shown in Table 2 below:

Table 2 Legal System Backlog.

Proposed

Appropriation Proposed

FTEs Proposed

TLTs Department of Judicial Admin. $1,586,000 0.0 13.8 Department of Public Defense $10,661,000 25.5 20.0 District Court $2,098,000 0.0 12.0 Prosecuting Attorney $12,862,000 0.0 61.0 Superior Court $3,611,000 0.0 22.5

TOTAL $30,818,000 25.5 129.3

12 Data provided by PAO. “More serious offenses” include homicide, rape, domestic violence, robbery, and shootings.


All of the agencies requested more in funding needs than included in the executive’s proposed COVID 8 supplemental appropriations ordinance. Notably, the executive’s proposal includes funding for the rest of the 2021-2022 biennium (starting in September) rather than the three years requested by many agencies. PSB reports 2023-2024 funding needs related to the backlog will be determined as part of the 2023-2024 budget process. PSB reports the executive prioritized addressing the significant felony backlog while also providing resources for District Court to address the significant backlog and operational challenges from the COVID-19 pandemic. Resources to address the felony backlog were allocated among Superior Court, PAO, DJA and DPD based on assumptions about how much additional Superior Court trial capacity could be achieved and the corresponding resources needed by DJA, PAO, and DPD to support additional trials. Executive staff recognize actual specific positions hired and other expenditures will likely differ from the assumptions used to arrive at the proposed budgeted amounts, as the reduced amounts will require operational adjustments from initial agency budget submittals. Lastly, the executive proposes a separate supplemental appropriations ordinance (PO 2021-0249) which would appropriate $19.5 million, of which approximately 94% of the total is expected to be reimbursed by the state, to address the funding needs resulting from the Washington State Supreme Court decision in State v. Blake13. Superior Court ($3,611,000 and 22.5 TLTs). The Superior Court’s budget request to the executive totaled (Attachment 6 to this staff report) $34.1 million over 3 years to address the backlog in the most serious violent felonies (homicides, sexual assaults, serious assaults, robberies with a weapon, child abuse, and domestic violence,) as well as an expected surge in eviction cases. The Court requested funding to support an additional six Pro tem judges as well as resources to support increasing trial capacity for existing judges in order to address an additional 72 of the most serious backlogged trials over 3 years. Superior Court reports it made the request based upon existing cases that have assigned lawyers, and not for any future cases or for any cases with nonviolent charges. The request included funding to address the space needs for additional trials and funding to support and train staff on the virtual technology platforms the Court has deployed in response to the COVID-19 pandemic. The Superior Court reports it has seen many benefits, including greater jury diversity, to the virtual jury selection process and offering a virtual option for Civil and Family cases, and plans to continue these technologies beyond the pandemic. Lastly, the Superior Court requested resources to address the needs of the Family Law department to address the increased public request for help from the Family Law Information Center (demand tripled) and to address increases related to domestic violence protection order requests. The executive’s proposed supplemental appropriation of $3.6 million for the Superior Court is substantially less than the Superior Court’s request. Executive staff anticipate the $3.6 million for September 2021 through December 2022 would allow the Superior Court

13 State v. Blake, 197 Wash. 2d 170, 174, 481 P.3d 521, 524 (2021)


to bring on four additional criminal pro tem judges for 22 additional trials, plus additional judicial resources for plea hearings, Family Law, and Ex Parte cases. However, Superior Court reports the executive’s proposed level of funding ignores the system costs of the Court and does not accurately show the price of a court and therefore will not make any significant difference in reducing the backlog. Superior Court reports that prior to adding any judicial capacity, the Court first needs to add infrastructure to support existing staff and judges as they take on more trials, some of which will continue to be conducted virtually. Superior Court notes:

“New technology has changed how we do business. This technology will assist with backlog reduction. The backlog alone requires additional courtroom support. This includes more jurors, IT for virtual trials and remote appearances, interpreters, and trainers. With the increases in trials and especially criminal trials, all of this is a necessary as a first step.”

At the executive’s proposed appropriation level included in COVID 8, the Superior Court reports it can hire one additional pro tem judge for criminal cases and the staff to support all the judicial officers hearing criminal trials. Additionally, the Superior Court would use $1.3 million of the $3.6 million appropriation for family law and eviction needs, including one eviction judge. In response to Council staff questions on the availability of additional plea capacity, Superior Court reports:

“Superior Court reports the executive’s proposed level of funding, there is zero additional plea capacity. We need to prioritize systems to increase total trial capacity and use any additional judges to try cases. We will interrupt trials to take pleas, if necessary.”

With the Superior Court’s extension of COVID-19 social distancing requirements14, the Court must continue to operate with mitigation measures such as additional courtrooms, which limit the capacity of the Court. Council staff have asked the extent to which the Superior Court will have additional capacity when COVID social distancing restrictions are lifted. The Court reports that once social distancing is eliminated, the King County Courthouse (KCCH) capacity will increase, but there will be no gain at the MRJC, At KCCH, once social distancing is lifted, the Court will move from 14 available jury courtrooms to 31 available courts. But because the jury rooms are very small at the KCCH, even if social distancing is eliminated in a courtroom, it may not be immediately reduced in a jury room so it is not clear how many additional trials will be feasible. At MRJC, Superior Court reports the number of courtrooms post-COVID operations would

14 On June 30, 2021 the Superior Court announced that mask requirements and social distancing will remain in effect until further notice at all King County Superior Court public spaces, including courtrooms. This is being reviewed regularly.


remain the same because the configuration of existing courtrooms with adjoining conference rooms has allowed for one courtroom per trial. However, there is no space left at the MRJC for temporary criminal judges so Superior Court is requesting nearby office space for family law judges in Kent and then placing criminal or plea judges into the family law courtrooms. The Superior Court reports that the proposed level of funding will result in impacts to criminal, civil, and family cases. At the executive’s proposed appropriation level, the Court will have to move multiple judges in the Civil and Family Law Departments to the Criminal Department to address the backlog. The Superior Court reports that it has already begun this step (shifting judges and associated staffing) and as a result, Superior Court estimates that at the current rates roughly 540 civil and family cases this coming year. Relatedly, the Superior Court anticipates that it will take three times longer for motions on child custody or financial issues to be heard as judges are shifted out of family law. Additionally, Superior Court reports a delay in addressing the criminal backlog will result in extended times in the County jail resulting in increased costs to the County. Department of Judicial Administration ($1,586,000 and 13.8 TLTs). The Department of Judicial Administration’s (DJA) budget request to the executive totaled almost $6 million for the period from August 2021 through December 2022. The request included clerks and other DJA staff necessary to support the additional trials and Court activity anticipated in the Superior Court’s request. The DJA’s request would also fund customer service positions and IT costs to support the increasing reliance of customers in using expanded electronic services. The executive’s proposed supplemental appropriation of $1.6 million for DJA is less than DJA’s request. This reduction corresponds to the reduction in the Superior Court’s budget request. At the executive’s proposed appropriation level included in COVID 8, the DJA reports it will add staff to support the additional Superior Court judicial officers, staff the virtual protection office, maintain new technology related to increased electronic processes, and address other customer needs. Prosecuting Attorney ($12,862,000 and 61.0 TLT positions). As described in the PAO’s May 7, 2021 budget request to the executive (Attachment 7 to this staff report), the PAO has identified the need for substantial resources ($72 million over three years) to address the criminal division’s pending and unfiled cases. The PAO reports that across the board the PAO trial attorneys and the staff that support trials are carrying twice the case load as prior to the pandemic. The PAO’s May 7th budget request to the executive identified a need for increased staffing and resources to address the COVID-19 backlog in the following areas:

• Additional Superior Court trial capacity. • 200 pending homicide trials. In addition to the backlog, PAO is continuing

to respond to a sharp increase in homicides. In 2019, callouts for homicides


were 90. As a comparison, in 2020, callouts increased to 146. As of June 29, 2021, callouts are already 71.

• Additional plea capacity. (On average, 75percent of all cases resolve with a plea to charges.)

• 3,066 (about 3,600 if you include cases ready to be filed and waiting) unfiled felony cases, which are largely property crimes.

• Victim support, including money to reimburse victims, to clear out backlogged property crimes. In some cases, if it were not for the out of pocket losses to the victim, the PAO may elect not to file charges and decline the case.

• District Court. In order to address pressing needs in Superior Court, some PAO resources have been shifted away from District Court. There are over 2,782 (plus over 600 more ready and awaiting filing) cases that need to be reviewed for filing.

• Planned uptick in appellate work due to increase in complex and lengthier trials (due to court prioritizing homicide, violence, and sex cases).

• 113 felony traffic cases and 16 traffic fatalities pending trial; additional felony traffic backlog of 55 cases pending review. This includes vehicular manslaughter and assault

• First time DUI diversion pilot. DUI’s make up 65 percent of the District Court caseload, with a large majority of those first-time offenders who historically do not recidivate. PAO proposes exploring a diversion program for first time offenders with low Blood Alcohol Content (BAC) levels to determine if it would be an effective way compared to traditional prosecution in the long term, as seen in other jurisdictions.

• Protection Order Advocacy Program. This request includes the virtual technology platform to allow survivors to access critical information and services.

The executive’s proposed supplemental appropriation for the PAO of $12.86 million is less than the PAO’s request. PSB reports the proposed appropriation amount is intended to provide PAO the capacity to staff approximately 22 additional trials resulting from an additional four Superior Court trial judicial officers as well as addressing other priorities in the PAO’s request. Due to the reduced appropriation, the PAO will assess operational needs and decide in the coming weeks how to allocate the proposed appropriation among all of the above needs identified in their request to the executive. PAO reports their first priority will be addressing the most serious felonies in the backlog and getting those cases to trial, tackling the backlog of cases to be reviewed for filing, decline, or additional investigation and ramping up staffing for plea resolutions. At the executive’s proposed appropriation level included in COVID 8, PAO reports that it will be able to staff additional trial courts that become operational and that regardless of the number of additional trial courts available, it will still need the proposed supplemental appropriation to staff cases while awaiting trial and to staff efforts to reach plea resolutions. PAO also notes that at this less than planned proposed supplemental appropriation level, it is unlikely the PAO


will have the resources to develop the DUI diversion program, and that additional resources will likely be necessary through 2026 to address the backlog of cases. Department of Public Defense ($10,661,000, 25.5 FTEs, 20.0 TLTs). DPD’s COVID 8 supplemental budget request to the executive included about $16.4 million to provide additional trial capacity to accommodate the six new trial judges requested by Superior Court, and to address an expected increase in filing from PAO’s backlog of unfiled cases. The executive’s proposed supplemental appropriation for DPD restores the 25.5 FTEs, scheduled to be eliminated in January 2021 as part of the biennial budget, in order to provide DPD sufficient resources from September 2021 through December 2022 to address uncertainty in filings as a result of the COVID-19 pandemic, support roughly 22 additional serious felony trials (Class A) resulting from additional Superior Court trials, and expected cases from the backlog of unfiled referrals. PSB reports that the proposed appropriation is intended to provide sufficient funding to allow DPD and PAO to maintain parity in funding for additional staffing to address the COVID backlog. DPD has experienced challenges recruiting qualified public defenders. In response to Council staff questions about the availability of additional staff, DPD reports the following:

“… even with extensive recruiting efforts, DPD is experiencing challenges finding qualified, experienced attorneys for Class A felony trials and across all practice areas. This staffing shortfall is exacerbated by the additional assignments from Blake. DPD notes that adding funding to PAO and the Courts, leading to additional volume in and strain on the criminal legal system, combined with any failure to equivalently fund DPD will compound inefficiencies in the criminal legal system; in other words, giving the courts and prosecutor staff to move cases forward would have no impact unless DPD also has staff to work on those cases. Even with the tight labor market, DPD will continue to explore creative ways of hiring staff to an attempt to help resolve clients’ cases. Adding funding to the system is inherently harmful to BIPOC communities; funding the prosecutor and court and not the defense will magnify that harm and directly contravene the County’s commitment to equity and social justice.”

District Court ($2,098,000 and 12 TLTs). District Court’s COVID 8 requests to the executive included $15.4 million over three years to address the significant impact of the COVID-19 pandemic on District Court operations and the backlog of cases. The number of pending criminal cases has grown to 5,600 criminal cases as of May 2021. In addition, as of May 2021 there are over 2,400 unfiled cases awaiting PAO review and approximately 600 cases ready for filing with the court over the next 60 days. The majority of existing District Court resources have been shifted to address the criminal case load15. To date, the court has not been able to set a civil jury trial since March 2020

15 These cases primarily involve DUIs, Domestic Violence, and non-property crimes against persons as the State has limited its filings to those with the highest public and victim safety impacts.


for issues such as contract disputes, automobile accidents, and property damage. Additionally, there have been no hearings for small claims cases filed after March 2020 and the Dispute Resolution Contract that helps to mediate these disputes has been suspended since January 2021 due to a lack of funds resulting, in part, from the court’s inability to timely process new claims. There is a backlog of about 9,000 traffic infractions and growing, and District Court reports it cannot catch up without additional calendars. These cases may be dismissed due to the lack of discovery being provided by the PAO and the court’s continued inability to set them for timely hearings. District Court also has MOUs with school districts to handle school bus camera tickets which bring revenue into the County. As school resumes in the fall, District Court will not be able to honor those agreements without additional calendar resources. District Court’s COVID 8 request included funding to add night court and Saturday calendars to address the small claims and infraction matters while maximizing calendar space for criminal matters and protection orders. District Court reports without the requested funding its ability to set many of these cases for hearings in a timely way would be limited. District Court’s COVID 8 requests also included overtime (as must be offered per the clerks’ CBA), hiring Dispute Resolution back to resume small claims cases, hiring TLT staff, IT costs, and four judicial officers and commissioners to support the expanded operations. The request also included additional security and other overhead costs to cover expanded court hours. The executive’s proposed supplemental appropriation of $2.1 million for District Court is less than the District Court’s request. District Court is reviewing which services it may be able to provide within the executive’s proposed appropriation level, but District Court reports it is clear a number of case types will need to be put on hold or dismissed to meet the criminal case load demands. Proposed Appropriations Supported by ARPA CLFRF (excluding Legal System Backlog). COVID 8 would appropriate $37.4 million of ARPA CLFRF moneys to support the public health response to the pandemic, civil legal aid, immigrant community supports, economic recovery and workforce development, and county operations in response to the pandemic. Table 3 below provides a summary of the proposed appropriations and the subsequent subsections provide additional analysis for some of the appropriation items.


Table 3 Summary of Proposed Appropriations Supported by ARPA CLFRF

(excluding Legal System Backlog).

No. Descriptions Amount

Public Health Response to the Pandemic

1 FMD: Operating costs at county operated Isolation/Quarantine, Assessment and Recovery, and Shelter De-Intensification sites. (Note: this excludes the Civic Hotel which has already been funded via COVID 7)

$3.0 M

2 FMD Capital LTL: SODO temporary enhanced shelter lease costs through December 31, 2021.

$0.6 M

3 FMD Capital LTL: SODO (1st Avenue) warehouse and Prologis Park Kent 43 warehouse lease extensions for the storage of PPE and other COVID-19 related equipment.

$0.3 M

4 FMD Capital LTL: Extend Renton Red Lion and SeaTac Sleep-Inn leases through December 31, 2021.

$1.4 M

5 FMD Capital BRR: Construction costs to restore county-leased hotels in Issaquah, Renton, and SeaTac to pre-county lease facility conditions.

$12.0 M

6 FMD Capital BRR: Water damage repairs to the Aurora trailer shelter site.

$0.4 M

Civil Legal Aid and Immigrant Community Supports

7 DCHS: Civil legal aid. $2.0 M

8 DCHS: Support for immigrant community that have not been able to access federal benefits.

$11.2 M

Economic Recovery and Workforce Development

9 PSB: ‘Recovery Corps’ to connect dislocated workers of color, bilingual workers and youth with in-demand jobs in prioritized sectors that can be connected to long-term career pathways that lead to better jobs and better pay. Provide support for workers affected by the COVID-19 pandemic through wrap-around services to provide basic needs, upskilling low wage workers, and job subsidies. Moneys would be competitively awarded to workforce and training programs that equitably create career pathways for adults and youth.

$3.2 M

10 PSB: Support implementation of a regional economic recovery plan to build a more resilient and equitable economy for women and people of color. This would support one FTE and remaining moneys would be competitively awarded to a public-private organization that leads regional economic development in the county.

$1.0 M



11 PSB: Support equitable recovery by creating capacity for community engagement, leadership training, racial justice advocacy, and strategic collaboration and thought partnership with decision makers. Moneys would be competitively awarded to an alliance of BIPOC organizations who are working in partnership with the county's Workforce Development Council.

$1.0 M

12 PSB: Support for transportation network company (TNC) workers and their families for culturally and linguistically appropriate public health and social service outreach, case management, interpretation, and Pandemic Unemployment Assistance application support. The moneys would also be used to prepare a report on disruptions to the transportation industry caused by the pandemic. Moneys would be competitively awarded to an organization who specializes in providing culturally and linguistically appropriate services to TNC workers.

$0.3 M

13 PSB: New virtual hiring hall to serve as a hub linking underrepresented workers, community organizations, labor, and employers. Workers will be offered both virtual and in-person multi-lingual training.

$0.2 M

County Operations in Response to Pandemic

14 Assessments: overtime associated with COVID-19. COVID-19 business process safety protocols for appraisers have constrained standard field and office operations and staff have been directly affected by COVID-19. To meet mandated deadlines, overtime is used to cover the additional time it takes to complete work and to cover COVID-related absences.

$0.3 M

15 DAJD: Decontamination services and COVID-19 testing of staff following a COVID-19 outbreak in detention facilities in Spring 2021.

$0.6 M

$37.4 M FMD Capital LTL: Extend Renton Red Lion Lease. On June 22, 2021, the executive announced the county’s purchase of the former Extended Stay America hotel in the City of Renton for $28.6 million using revenues from the Health through Housing sales tax. The hotel, located at 1150 Oakesdale Avenue Southwest, was constructed in 1998 and contains 110 units and sits on approximately 3.88 acres. The site has one three-story structure, one building for storage, and parking areas. Each room has a kitchenette, full bathroom, a bed, and a small seating area. The executive press release from June 22, 202116 states that the hotel will provide housing for people experiencing chronic homelessness, along with 24/7 onsite staffing that will include case management, employment counseling, and access to health and

16 https://kingcounty.gov/elected/executive/constantine/news/release/2021/June/22-renton-health-through-housing.aspx.


https://kingcounty.gov/elected/executive/constantine/news/release/2021/June/22-renton-health-through-housing.aspx

https://kingcounty.gov/elected/executive/constantine/news/release/2021/June/22-renton-health-through-housing.aspx

behavioral health services. A competitive process will determine the onsite service provider before the facility is operational later in 2021. The executive press release also states that the county and the City of Renton are working to resolve legal issues related to the emergency siting and operation of a pandemic response shelter deintensification hotel in 2020. As part of that agreement, the County is working to phase out the shelter use at the Red Lion Hotel while also ensuring that the shelter guests can move directly to other housing purchased under the Health through Housing program. 15% of units will be provided to individuals living in or near Renton or have ties to the community. The county will coordinate the first phase of closure of the Red Lion Hotel shelter site in tandem with the opening of the housing at the Extended Stay site. The proposed COVID 8 would support the lease extension of the Red Lion Hotel for the remainder of 2021. FMD Capital BRR: Construction costs to restore county-leased hotels. Executive staff state that most of the appropriation would support construction costs to restore the Renton Red Lion hotel. Executive staff also state that these costs would not be covered by FEMA were apprehensive of reimbursing expenses related to deintensification facilities. DCHS: Civil Legal Aid. Pending ARPA CLFRF eligibility and procurement review, executive staff state that the $2.0 million proposed in COVID 8 would be awarded to the Legal Foundation of Washington (LFW) as a pass-through entity for a competitive grant program. Executive further state that LFW is the primary funder of civil legal aid in Washington State and has an established grantmaking partnership with many programs serving the county, such as the Benefits Law Center, Colectiva Legal del Pueblo, Eastside Legal Assistance Program, Kids in Need of Defense (KIND), King County Bar Association Pro Bono Services, Legal Counsel for Youth and Children, Northwest Immigrant Rights Project, Sexual Violence Law Center, Solid Ground, TeamChild, Tenant Law Center, Unemployment Law Project, and other partner organizations in the Alliance for Equal Justice. DCHS: Immigrant Community Supports. In 2021, the State of Washington established the $62.6 million COVID-19 Immigrant Relief Fund supported by the State’s allocation of the CARES Act CRF to provide financial relief to immigrants impacted by the COVID-19 pandemic.17 Similarly, the City of Seattle also established the $7.9 million COVID-19 Disaster Relief Fund for Immigrants supported by the City of Seattle’s General Fund to also provide financial relief to immigrants impacted by the COVID-19 pandemic.18 Executive staff that the proposed $11.2 million immigrant community supports program would likely be similar to the City of Seattle and State of Washington programs, but they are still determining the best approach to administer the program. Executive staff also

17 https://www.immigrantreliefwa.org/. 18 https://www.seattle.gov/iandraffairs/programs-and-services/covid-19-disaster-relief-fund-for-immigrants#25.howistheseattlecovid19disasterrelieffundforimmigrantsfunded.


https://www.immigrantreliefwa.org/

https://www.seattle.gov/iandraffairs/programs-and-services/covid-19-disaster-relief-fund-for-immigrants#25.howistheseattlecovid19disasterrelieffundforimmigrantsfunded

https://www.seattle.gov/iandraffairs/programs-and-services/covid-19-disaster-relief-fund-for-immigrants#25.howistheseattlecovid19disasterrelieffundforimmigrantsfunded

state that it would probably have multiple components: outreach and application support, language access and translation, application processing, and fiscal administration and intend to work with community partners to support the planning and implementation efforts. Both City of Seattle and Washington State utilized Scholarship Junkies, a Seattle-based community-based organization to disburse moneys to the community. Executive staff state that the county is researching administration options which would provide a centralized and coordinate application portal, would set up a system for reviewing and prioritizing applications based on the county’s programmatic direction. However, there has been no outreach to vendors yet. Lastly, executive staff state that the proposed $11.2 million amount was based on a combination of assessment of need and availability of resources. Approximately, $10 million would be set aside for direct payments, with the remaining amount focused on outreach, translation, and administration. The level of direct payments is still being determined. PSB: Recovery Corps. Executive staff state the Recovery Corps program would award competitive grants to build and sustain capacity at established community-based organizations that support wages, benefits, case management, and training for dislocated and/or bilingual workers of color and youth. The proposed appropriation would also provide assistance to employers to support training plans, evaluation, and various other supports. PSB: Expanding Access. The proposed appropriation would support a program to implement a regional economic recovery plan to build a more resilient and equitable economy for women and people of color. Executive staff state that the moneys would competitively be awarded to a public-private economic development organization(s) in the county to implement a portion of the recently published multi-County (King, Pierce, Snohomish) economic recovery plan. This plan was developed over the last year by a task force of over 200 diverse public, private, and community leaders across the region. The plan outlines ten equity-focused, high-impact, measurable initiatives that would create higher-quality jobs and invest in diverse talent across the three-county region. Executive staff state that while the BIPOC Business and Economic Resiliency Fund, included in COVID 7, will focus on providing community-led investments, this program would be complementary in that it will focus on long-term ecosystem capacity building and technical assistance provision to targeted businesses. Lastly, executive staff state that there are numerous organizations in the county qualified to do this work. PSB: Equitable Recovery. Executive staff state this proposed appropriation would provide competitive funding opportunities to community organizations or community-led alliances, to establish a new BIPOC-led community infrastructure that offers elected leaders and institutional partners a substantial opportunity to co-create equitable, racially-just solutions with BIPOC communities. The proposed appropriation would support BIPOC, immigrant, and refugee-led research, workforce development policy and program development strategies and investments, advocacy (engagement, data, and systems recommendation), and implementation for BIPOC and immigrant and refugee community


organizations. Lastly, the proposed appropriation would also include the development of administrative and data systems, research and policy innovation, capacity building and technical assistance strategies for these organizations. Executive staff states that “equitable recovery” means that BIPOC-led organizations would be meaningfully engaged in public planning and policy formation processes to advance economic equity. The organizations currently involved in the alliance are as follows:

• Chief Seattle Club • Byrd Barr Place • Equitable Development LLC • Workforce Development Council of Seattle-King County • United Way of King County • Asian Counseling & Referral Services • Urban League of Metropolitan Seattle • Technology Access Foundation • One America • White Center CDA • El Centro de la Raza • La Roxay Productions • Open Doors for Multicultural Families

PSB: Virtual Hiring Hall. Executive staff state that the Virtual Hiring Hall is designed to offer a clear pathway to “high-road” jobs. According UC Berkeley Labor Center, a “high-road” economy supports businesses that compete on the basis of the quality of their products and services by investing in their workforces; these businesses pay the wages and benefits necessary to attract and retain skilled workers, who in turn perform high-quality work.19 Building the high road requires interventions on both the demand side and the supply side of the labor market. Supply indicates workers and the institutions that train them; demand refers to jobs and the firms or institutions that offer them. The event would be held in a virtual format, which opens opportunities for wide reach and engagement, while still rooted in community outreach and engagement.  Executive staff state that this event would be hosted in partnership with established, community-based organizations that have existing relationships with underrepresented BIPOC, migrant, refugee, LGBTQ, and other worker communities. This would not be a one-time event, but rather an ongoing program that utilizes an online hub to link workers to training and wraparound supports. The program would be promoted through existing partner networks and additional communication channels. DAJD: COVID-19 Testing. On March 2021, both the King County Correction Facility (KCCF) in downtown Seattle and the Maleng Regional Justice Center (MRJC) in Kent experienced a COVID-19 outbreak which impacted both inmates and corrections officers.

19 Zabin, Carol. “Putting California on the High Road: A Jobs and Climate Action Plan for 2030”. UC Berkley Labor Center. URL: https://laborcenter.berkeley.edu/putting-california-on-the-high-road-a-jobs-and-climate-action-plan-for-2030/.


https://laborcenter.berkeley.edu/putting-california-on-the-high-road-a-jobs-and-climate-action-plan-for-2030/

https://laborcenter.berkeley.edu/putting-california-on-the-high-road-a-jobs-and-climate-action-plan-for-2030/

Executive staff state that the following protocols have been in place since prior to the March outbreak and remain in place today:

• DAJD continues to follow recommendations from local, state, and federal health officials to guide cleaning and contamination of secure detention facilities,

• As part of its pandemic response, DAJD increased daily cleaning and disinfection of all areas at all correctional facilities, including visitation booths where attorneys can meet with their clients. Jail housing areas are cleaned regularly throughout the day, every day,

• Inmates are given access to cleaning supplies such as soap, towels, disinfectant spray, and paper wipes, and

• A safety officer, supervised by a shift commander, is responsible for working with appropriate staff to track the cleaning, disinfecting, and sanitizing the department’s facilities. Cleaning officers are tasked with responding to and disinfecting any area that may have been contaminated – elevators, vehicles, cells, hallways etc. All transport vehicles are sanitized after each transport.

Moreover, in response to the outbreak, DAJD also took the following measures:

• After cases came to light in jail housing areas, staff immediately disinfected the KCCF living areas where the infected individuals and those in close contact with them were housed. They also sanitized all hallways, units/wings, elevators, and transport vehicles used when these people were moved to medical isolation and quarantine housing at both MRJC and KCCF, and

• During the week of May 10, DAJD arranged for a contractor to perform enhanced cleanings at our three secure detention facilities using an EPA-approved disinfectant. These cleanings focused on staff and common areas such as locker rooms, elevators, control rooms, sally ports, and roll-call rooms.

Executive staff state that there have been no further outbreaks since the above measures were put in place enhanced disinfection efforts, and as of June 22nd, it had been two weeks since anybody in custody has tested positive either at booking or in jail housing. Proposed Appropriations Supported by other State and Federal Grants. COVID 8 would appropriate $134.4 million for rental assistance, shelter and housing supports through CDBG and HOME federal grants, vaccination efforts, public health response to the pandemic, and county operation in response to the pandemic. COVID 8 also includes $9.5 million of technical adjustments related to COVID 7 appropriations. Table 4 below provides a summary of the proposed appropriations and the subsequent subsections provide additional analysis for some of the appropriation items.


Table 4 Summary of Proposed Appropriations Supported by

Other State and Federal Grants.


1 HCD: Emergency shelter expenditures to address funding gaps for emergency both existing and new shelters using Community Development Block Grants (CDBG) grants. CDBG funds are administered in accordance with an Interlocal Cooperative Agreement and programmatic recommendations will be presented to the Joint Recommendations Committee (JRC) for review and approval20.

$7.2 M

2 HCD: Using federal HOME grants, support people experiencing or at risk of experiencing homelessness by expanding existing programmatic uses to support the development of affordable and supportive housing, supportive services, and acquisition and development of non-congregate shelter units. CDBG funds are administered in accordance with an Interlocal Cooperative Agreement and programmatic recommendations will be presented to the Joint Recommendations Committee (JRC) for review and approval21.

$13.8 M

3 HCD: Eviction Prevention and Rental Assistance Program (EPRAP) supported by ARPA federal grants.

$49.6 M

4 HCD: Eviction Prevention and Rental Assistance Program (EPRAP) supported by State Disaster Response Account.

$13.2 M

5 Public Health: Continue support of COVID-19 mass vaccination program using grants from Washington State Department of Health and FEMA.

$26.4 M

6 Jail Health: Provide COVID-19 vaccines to incarcerated individuals from April through December 2021 supported by the federal Vaccine Cares grant.

$1.3 M

7 Public Health: Extend public health response through December 2021. Supported by various grants from CDC, Vaccine Cares, etc. and technical adjustments.

$11.3 M

8 DAJD: Support through the end of 2021 for previously unbudgeted COVID-19 operating supplies, including specially pre-packaged quarantine meals and personal protective equipment for staff and inmates.

$1.2 M

9 KCIT: cost of 2nd year licenses, namely: Zoom Video Communications for Large County Virtual Meetings ($205K), MS O365 G5 Licenses to support mass vaccination (275 licenses for a total of $166K), Power Platform Licenses for COVID applications ($174K), and Tableau licenses.

$0.6 M

20 King County Housing, Homelessness and Community Development Division (HHCDD) administers federal funds from the United States Department of Housing and Urban Development (HUD) on behalf of King County and most of the cities in King County: https://kingcounty.gov/depts/community-human-services/housing/consortium.aspx. 21 King County Housing, Homelessness and Community Development Division (HHCDD) administers federal funds from the United States Department of Housing and Urban Development (HUD) on behalf of King County and most of the cities in King County: https://kingcounty.gov/depts/community-human-services/housing/consortium.aspx.


https://kingcounty.gov/depts/community-human-services/housing/consortium.aspx

https://kingcounty.gov/depts/community-human-services/housing/consortium.aspx


10 KCIT: cost of 2nd year workstation leases for laptops used by staff supporting COVID-19 testing and vaccination, as well as other KC employees who needed mobile devices for mandatory telecommuting.

$0.3 M

11 Various: Technical adjustments related to COVID 7 appropriations. $9.5 M

$134.4 M Public Health: Mass Vaccination Program. The two mass vaccination site locations for the county continue to be located at the accesso ShoWare Center in the City of Kent and the Outlet Collection Seattle, formerly Supermall of the Great Northwest, in the City of Auburn. Through the King County Partnership Vaccination Network, Public Health supports operation of high and medium volume mass vaccination sites. Selection of partners and sites are informed by the following considerations:

• overall vaccine supply to the county, • King County’s Principle for Equitable Vaccine Delivery22, • COVID-19 disease and mortality prevalence in the proposed geographic region, • vaccine uptake in the proposed geographic region, • limited existing community access points for vaccine in the proposed geographic

region, • feasibility of proposed site(s), and • capacity of partners who will collaborate to ensure success.

Table 5 below outlines current vaccination site locations with partner agencies:

Table 5 King County Vaccination Sites with Partner Agencies.

Partner Agency Vaccination Sites

University of Washington UWMC Montlake

UWMC Northwest

Harborview Medical Center

Valley Medical Center

Pop-up clinics (various)

Franciscan Health Care Systems St. Francis Hospital

Community Center

22 King County’s Principle for Equitable Vaccine Delivery. URL: https://kingcounty.gov/depts/health/covid-19/~/media/depts/health/communicable-diseases/documents/C19/king-county-principles-vaccine-delivery.ashx.


https://kingcounty.gov/depts/health/covid-19/%7E/media/depts/health/communicable-diseases/documents/C19/king-county-principles-vaccine-delivery.ashx

https://kingcounty.gov/depts/health/covid-19/%7E/media/depts/health/communicable-diseases/documents/C19/king-county-principles-vaccine-delivery.ashx

Partner Agency Vaccination Sites

St. Anne Hospital

St. Elizabeth Hospital

Pop-up clinics: KC Metro, El Centro, Highline Community College, MLK Baptist

Virginia Mason Human Resources Building

Amazon (Georgetown)

Shoreline Fire Department Various North KC

Snoqualmie Valley Hospital Various East KC Jail Health: Vaccination Program. Executive staff state that as of June 21, 2021, approximately 55% of Jail Health’s patient population is fully vaccinated. As of June 14, 2021, there was a 42% acceptance rate for those who are unvaccinated and are offered the vaccine while in jail. Executive staff further state that Jail Health has not set a specific goal related to the number or percentage of patients vaccinated as the population in jail continuously changes depending on length of stay. However, Jail Health does have some basic process-level goals for vaccinating inmates including offering all inmates COVID-19 vaccinations. HCD: Eviction Prevention and Rental Assistance Program (EPRAP). COVID 8 would appropriate an additional $62.8 million to support the county’s Eviction Prevention and Rental Assistance Program (EPRAP) supported by additional ARPA grants and new grants from the State’s Disaster Response Account. Table 6 below provides a summary of all appropriations to-date for EPRAP.

Table 6 Summary of Appropriations for EPRAP.

Budget

Ordinances Appropriation

Amount Description

COVID 3 (Ordinance 19120)

and

COVID 5

(Ordnance 19191)

$46.0 million Funding Sources: 1. $14.4 million – CARES Act CRF (CSO

ER5) 2. $28.7 million – State Department of

Commerce grant which is a passthrough from CARES Act23

3. $1.7 million – CDBG 4. $1.2 million – Veterans, Seniors and

Human Services Levy (VSHSL)

23 This was not included in COVID supplementals as the agency had enough appropriation authority to cover this cost.


Budget Ordinances

Appropriation Amount

Description


$45.2 million HCD ER7: Funded by Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) that was provided directly to the county after applying for funding. Added new requirements to existing EPRAP to require that the appropriation be used for 3 sub-programs: (1) grants to landlords with 5 or more units; (2) grants to individual tenants and landlords with fewer than 5 units; and (3) and grants to community-based organizations using a hub and spoke allocation model. The ER required that 50% be used for the hub-and-spoke model.


$100.0 million HCD (no ER): Funded by the State Dept. of Commerce T-RAP grant which is a passthrough from CRRSAA. Same requirement as above without any allocation requirement for each sub-program.

COVID 8 (PO 2021-0238)

$62.8 million Funding Sources: 1. $13.2 million – State Disaster

Response Account. 2. $49.6 million – ARPA grants

$254.0 M TIMING Table 7 below provides a timeline of activities proposed by the Budget and Fiscal Management Committee Chair for possible action of the proposed ordinance. The timeline also complies with King County Code Section 1.24.155 Rule 16.C.1.d24 that allows the chair of the standing committee to select alternate deadlines for striking amendments and line amendments, provided that such alternate deadlines are distributed to all members of the council no later than the end of the day three business days after the date of introduction and referral of the legislation25.

24 Ordinance 19221, passed on January5, 2021. 25 Proposed Ordinance 2021-0238 was introduced and referred at the June 22, 2021 Council meeting. However, the BFM Committee Chair distributed the alternate deadlines to all members of the council on June 14, 2021.


Table 7

Timeline for COVID 8 Emergency Supplemental (PO 2021-0238).

Date Activity

June 17th (Thu) Executive transmits and referred to BFM

July 6th (Tue) 3:00 pm Special BFM – No action on amendments

July 8th (Thu) noon Striking amendment requests due to BFM Chair

July 13th (Tues) noon BFM Chair’s striking amendment direction due to staff

July 20th (Tues) noon Striking amendment finalized and distributed

July 21st (Wed) COB Line amendment direction due to staff

July 27th (Tue) 1:00 pm Full Council – Final Action

INVITED

• Dwight Dively, Director, Office of Performance, Strategy and Budget ATTACHMENTS

1. Proposed Ordinance 2021-0238 (and its attachment) 2. Transmittal Letter 3. Fiscal Notes 4. 8th COVID-19 Emergency Supplemental Crosswalk 5. General Fund Financial Plan, dated June 30, 2021 6. Superior Court COVID 8 Request to PSB 7. Prosecuting Attorney Office COVID 8 Request to PSB


KING COUNTY

Signature Report

ATTACHMENT 1

1200 King County Courthouse 516 Third Avenue Seattle, WA 98104

Ordinance

Proposed No. 2021-0238.1 Sponsors Kohl-Welles

1

AN ORDINANCE related to COVID-19; making a 1

supplemental appropriation of $39,795,000 to several 2

general fund agencies; making a supplemental 3

appropriation of $146,285,000 to several non-general fund 4

agencies; making a supplemental appropriation of 5

$16,540,000 to several capital improvement funds; 6

amending the 2021-2022 Biennial Budget Ordinance, 7

Ordinance 19210, Sections 18, 30, 31, 32, 34, 40, 48, 50, 8

51, 60, 100, 106, 119, 121 and 129, as amended, and 9

Attachment A, as amended; and declaring an emergency. 10

BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 11

SECTION 1. Findings: 12

A. On February 29, 2020, the Governor of Washington state declared a state of 13

emergency in all counties in Washington and directed that the plans and procedures of the 14

Washington State Comprehensive Emergency Management Plan be implemented as a 15

result of coronavirus disease 2019 ("COVID-19"). 16

B. COVID-19 is a respiratory disease that can result in serious illness or death 17

and can easily spread from person to person. The World Health Organization has 18

classified COVID-19 as a pandemic. 19


Ordinance

2

C. On March 1, 2020, King County executive Dow Constantine signed a 20

proclamation of emergency enabling "extraordinary measures" to respond to the COVID-21

19 outbreak. On March 3, 2020, the council passed Motion 15610, affirming the 22

executive's proclamation of emergency. 23

D. On March 23, 2020, as a result of the continued worldwide spread of COVID-24

19, its significant progression in Washington state, and the high risk it posed to our most 25

vulnerable populations, the Governor issued a "Stay Home - Stay Healthy" order 26

prohibiting, with limited exceptions, all people in Washington state from leaving their 27

homes or participating in social, spiritual and recreational gatherings of any kind 28

regardless of the number of participants, and required all nonessential businesses in 29

Washington state to cease operations except for performing basic minimal operations. 30

The order was extended twice, with the last extension expiring May 31, 2020. 31

E. On May 31, 2020, the Governor reiterated that a state of emergency continued 32

to exist but amended the "Stay Home - Stay Healthy" proclamation and renamed it the 33

"Safe Start - Stay Healthy" proclamation. The Governor ordered that, except as provided 34

in the phased county reopening plan, all other provisions of the state of emergency 35

remained in force. 36

F. On June 5, 2020, King County entered Modified Phase 1 of the Safe Start 37

Plan. Then, on June 19, 2020, King County entered Phase 2 of the Safe Start Plan. 38

G. On July 28, 2020, the Governor paused counties progressing in the reopening 39

phases under the state's Safe Start Plan due to continued rise of cases and spread of 40

COVID-19 statewide. 41

H. On November 15, 2020, in response to a doubling of statewide COVID-19 42


Ordinance

3

cases between late October and mid-November 2020, the Governor imposed new 43

restrictions on, among other things, indoor gatherings, dining and fitness. The Governor 44

originally ordered those restrictions to remain in place through December 14, 2020, 45

before extending the restrictions twice to apply through January 11, 2021. 46

I. On December 11, 2020, the U.S. Food and Drug Administration issued the first 47

emergency use authorization for a vaccine to prevent COVID-19, which allowed the 48

vaccine to be distributed in the United States. Days later, the first doses of the COVID-49

19 vaccine arrived in King County, which were administered to front-line healthcare 50

workers. As of May 3, 2021, the county's vaccination efforts have resulted in the 51

administration of approximately 1,225,000 doses of COVID-19 vaccine. 52

J. On January 5, 2021, the Governor announced "Healthy Washington - Roadmap 53

to Recovery," a COVID-19 phased recovery plan. Under this plan, a region in the state 54

may move into a new phase, forward or backward, depending upon whether metrics 55

measuring the region's community disease levels and health system capacity meet state 56

Department of Health criteria. 57

K. On March 22, 2021, the Puget Sound region, including King County, moved 58

to Phase 3 of the plan, which permits indoor dining, retail, fitness and worship services at 59

fifty percent capacity, as well as at-home social gatherings limited in size. King County 60

currently has a COVID-19 transmission rate of 242.3 newly diagnosed cases per 100,000 61

residents, based on county data for the two weeks ending April 25, 2021, and 6.5 newly 62

hospitalized cases per 100,000 residents, based on county data for the one week ending 63

April 25, 2021. Those rates indicate the county's need to revert to Phase 2. However, on 64

May 4, 2021, the Governor announced a two-week pause on movement in the COVID-19 65


Ordinance

4

phased recovery plan to keep the county remaining in Phase 3 until further notice. On 66

May 13, 2021, Governor Inslee announced that the state is moving toward full reopening 67

on June 30, 2021. Public Health - Seattle & King County is encouraging county residents 68

to stay as vigilant as ever as the county faces more contagious COVID-19 variants. 69

L. As further described in this section, COVID-19 and the related preventative 70

measures necessitated by the pandemic, including those outlined in the executive orders 71

summarized in subsections A. through K. of this section, have caused and continue to 72

cause extraordinary, unprecedented and devastating economic effects in King County and 73

throughout Washington. 74

M. The federal government has provided the following relief in response to the 75

COVID-19 pandemic: 76

1. On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act 77

("the CARES Act"), a $2.2 trillion federal stimulus package, became law. The CARES 78

Act provides relief to state and local governments through a variety of federal agencies 79

and programs. Some of these relief programs apply to the county, and the county has 80

used the moneys provided by these programs to either pay or reimburse, or both pay and 81

reimburse, the county for necessary expenditures incurred due to the COVID-19 82

pandemic, including expenses preparing for, responding to, mitigating impact of and 83

preventing COVID-19. 84

2. On December 27, 2020, the Coronavirus Response and Relief Supplemental 85

Appropriations Act ("CRRSAA") within the 2021 Consolidated Appropriations Act 86

("CAA"), which provided an additional $900 billion in federal stimulus, became law. 87

CRRSAA funding programs include Federal Transit Administration transit infrastructure 88


Ordinance

5

grants, the U.S. Department of the Treasury's Emergency Rental Assistance Program, and 89

the Department of Health and Human Services Public Health and Social Services 90

Emergency Fund. Several county departments are eligible to either receive or administer, 91

or both, those moneys, which recipients may use to pay for, or to reimburse, expenses 92

related to the ongoing COVID-19 health emergency. As part of CRRSAA, the U.S. 93

Department of the Treasury awarded the county Emergency Rental Assistance moneys. 94

Not less than ninety percent of awarded moneys must be used for direct financial 95

assistance, including rent, rental arrears, utilities and home energy costs arrears, and other 96

expenses related to housing. Remaining moneys are available for housing stability 97

services, including case management and other services intended to keep households 98

stably housed, and administrative costs. Moneys generally expire December 31, 2021. 99

CAA also extended the use of the CARES Act's Department of Treasury's Coronavirus 100

Relief Fund to December 31, 2021. 101

3. On March 11, 2021, the American Rescue Plan Act of 2021 ("the ARP Act"), 102

a $1.9 trillion federal relief package, became law. The ARP Act provides relief to state 103

and local governments, including the county, through a variety of federal agencies and 104

programs. Under Section 9901 of the APR Act, a new Section 603 is added to Title VI of 105

the Social Security Act to provide the Coronavirus Local Fiscal Recovery Fund 106

("CLFRF") to mitigate the fiscal effects stemming from the pandemic with respect to 107

COVID-19. The county will receive a direct allocation of CLFRF moneys. As provided 108

for under Section 9901, CLFRF moneys must be used: to respond to the COVID-19 109

pandemic or its negative economic impacts, including assistance to households, small 110

businesses and nonprofit organizations, or aid to impacted industries such as tourism, 111


Ordinance

6

travel and hospitality; to respond to workers performing essential work during the 112

COVID-19 pandemic by providing premium pay to eligible county workers who are 113

performing that essential work, or by providing grants to eligible employers that have 114

eligible workers who perform essential work; for the provision of government services to 115

the extent of the reduction in revenue of such county due to the COVID-19 pandemic 116

relative to revenues collected in the most-recent full fiscal year of the county prior to the 117

emergency; or to make necessary investments in water, sewer or broadband 118

infrastructure. 119

N. In response to the state and county declarations of emergency, as well as 120

guidance from the local health officer and state Department of Health, the county was 121

required to and continues to take necessary emergency protective measures to eliminate 122

or lessen immediate threats to lives, public health and safety. These measures are directly 123

related to the emergency and include the county's response to mitigate community 124

transmissions of COVID-19. The actions taken by the county to prevent, prepare for, 125

mitigate against and respond to the pandemic are reasonable, necessary and prudent given 126

the county's needs and the information available at the time, and in accordance with 127

federal regulations and cost principles. Internal policies and procedures, including 128

procurement guidelines to support the work and expenditures made were followed. All 129

expenditures made were in carrying out the legal responsibilities of the county. 130

O. As recognized in Ordinance 19191, adopted by the council on November 10, 131

2020, communities historically disadvantaged by racism, sexism and LGBTQI+ 132

discrimination have suffered disproportionate health and economic impacts from the 133

COVID-19 pandemic, and greater challenges to remaining healthy. Subsequent studies 134


Ordinance

7

and reporting reaffirm the data cited in that prior ordinance. For instance, the Centers for 135

Disease Control and Prevention, and public health - Seattle & King County have 136

continued to report that racial and ethnic minority groups are disproportionately 137

represented among COVID-19 cases, hospitalizations and deaths. 138

P. The council finds that relief is necessary for every community in the county, 139

particularly those historically disadvantaged communities, including immigrant and 140

refugee communities, that are more-adversely impacted by COVID-19 due to continuing 141

discrimination and the lingering effects of past discrimination. The council further finds 142

that, for all appropriations included in this ordinance, it is appropriate and necessary for 143

the county to consider and address strategies, in program implementation and awards or 144

provider selections, to address those historically disadvantaged communities that have 145

been disproportionately impacted by inequities and discrimination, in order to respond to 146

the disproportionate health and economic impacts described in this section. The 147

strategies should take into account the dire need to provide relief as quickly as possible 148

during this pandemic and may include, by way of example, recruitment and outreach for 149

potential subcontractors, grant recipients and other beneficiaries, as well as consideration 150

of whether individuals and organizations are members of, provide services to or are 151

located in historically disadvantaged communities in distributing limited benefits to 152

qualified applicants. 153

Q. The council finds that COVID-19 leave costs as well as payroll costs, for 154

employees dedicated to mitigating or responding to the COVID-19 public health 155

emergency are necessary and reasonable for funding through the federal CLFRF. 156

R. The council finds that the county's judicial system has been adversely 157


Ordinance

8

impacted by the COVID-19 pandemic. The county superior court and district court have 158

been required to close, relocate or otherwise significantly modify, or any combination 159

thereof, their regular operations, including court services, trials and other proceedings. 160

The courts are handling cases and providing other services virtually and/or socially 161

distanced, including at Meydenbauer Center, to the extent feasible and safe and as 162

permitted by law. Despite those efforts, criminal, juvenile offender, family, dependency 163

and guardianship, civil and other cases have been delayed by necessity. Meanwhile, new 164

cases continue to be filed, resulting in a significant backlog of cases. The superior court, 165

the district court, the department of judicial administration, the prosecutor's office and the 166

department of public defense have additional costs to handle increased caseloads, case 167

backlogs due to COVID-19 response and provide virtual and socially distanced 168

proceedings and services, including operations at the Meydenbauer Center, modifications 169

to audio and visual facilities in courthouses, additional and overtime staff and additional 170

communications and interpreter-related expenses. The council therefore further finds that 171

additional funds to pay for increased costs related to staff, services and operations in 172

superior court, district court, judicial administration, prosecutor's office and public 173

defense are appropriate to respond to the COVID-19 pandemic. 174

S. The council finds that the COVID-19 pandemic has intensified the risk of 175

domestic and sexual violence and increased the need for domestic and sexual violence 176

services due to, among other things, the impact of stay-at-home orders contributing to 177

social isolation, separating survivors from their support networks, reducing the time 178

survivors have away from their abusers and diminishing access to childcare services, 179

food and education, as well as increased financial stress on families that can lead to 180


Ordinance

9

violence. The pandemic also has increased the severity and number of behavioral health 181

symptoms experienced by people across the county due to far-reaching medical, 182

economic, social and political consequences. The council therefore also finds that 183

additional funds for domestic and sexual violence and behavioral health services are 184

appropriate to respond to the COVID-19 pandemic and its negative economic impacts. 185

Domestic and sexual violence services may include behavioral health - trauma recovery 186

services and housing stability services utilizing the Domestic Violence Housing First 187

model to help domestic and sexual violence survivors address barriers to housing 188

stability. 189

T. The council finds that decreased access to childcare services and the lack or 190

decrease in in-person learning for children during the COVID-19 pandemic are having 191

significant and wide-ranging adverse impacts on families, particularly lower income 192

families and those in historically disadvantaged communities. The council therefore also 193

finds that additional funds for childcare services are appropriate to respond to the 194

COVID-19 pandemic and its negative economic impacts. 195

U. The council finds that the COVID-19 pandemic and restrictions on activities 196

have slowed and, in many cases, prevent new construction projects from moving forward 197

in the county, resulting in adverse impacts on the construction industry. The emergency 198

also has resulted in delays in the county's ability to process permit applications and a 199

backlog in applications as new permits continue to be filed. The council further finds that 200

providing additional resources to significantly reduce the wait times for county permits 201

and work through the backlog of applications will allow job-creating projects to begin 202

construction more quickly and support economic recovery from the COVID-19 203


Ordinance

10

pandemic. 204

V. The council finds that COVID-19 business process safety protocols for 205

appraisers have constrained standard field and office operations of the department of 206

operations and that additional funds for overtime are needed to meet mandated deadlines 207

and cover the additional time it takes to complete work and to cover COVID-related 208

absences. 209

W. The council finds that the COVID-19 pandemic and its economic impacts 210

have resulted in decreased levels of health insurance coverage for county residents, 211

particularly in historically disadvantaged communities that have been especially hard hit 212

by both the COVID-19 pandemic and the related economic downturn. Lack of insurance 213

coverage can have substantial health and economic consequences for not only 214

individuals, but also their families and communities. In January 2021, President Biden 215

signed an executive order to open up the federal health insurance marketplace through 216

May 15, 2021, to allow uninsured people to buy a plan and those who want to change 217

their marketplace coverage can do so. The council further finds that providing funds for 218

programs to help enroll people in health insurance during this enrollment period is 219

appropriate to respond to the COVID-19 pandemic and its negative economic impacts. 220

X. The council finds that food insecurity has tripled in the county 221

since March 2020. The populations most affected by food insecurity are those that 222

experience health disparities and structural racism and discrimination, including Black, 223

Indigenous and People of Color, Latinx, immigrants and refugees, LGBTQI+ 224

people, people with disabilities and people who are experiencing homelessness.   In 225

response, community-based, faith-based and cultural organizations began distributing 226


Ordinance

11

culturally appropriate food, but there remains a significant unmet need. The council 227

further finds that these community organizations report a need for additional resources to 228

meet increased need during this emergency. The council further finds that additional 229

funds are needed to address food insecurity resulting from the COVID-19 pandemic and 230

its negative economic impacts, particularly in the provision of culturally appropriate 231

food. 232

Y. The council finds that residents, businesses, nonprofit organizations and other 233

organizations in the county face barriers in accessing federal, state and local grant 234

opportunities related to the COVID-19 pandemic, particularly those from historically 235

disadvantaged communities who may not have previously participated in publicly funded 236

grant programs due to ongoing discrimination and the lingering effects of past 237

discrimination. The council therefore also finds that additional funds are appropriate to 238

provide technical assistance for federal grant opportunities and to increase language 239

access support to allow equitable access to grant programs. 240

Z. The council finds that race- and ethnic-based discrimination and bias have 241

increased during the pandemic due to inaccurate and misleading information about the 242

source of the virus and how it spreads. The council therefore also finds that additional 243

funds to provide in-language communications on COVID-related issues and anti-hate and 244

bias response are needed to respond to the COVID-19 pandemic. 245

AA. The council finds that the COVID-19 pandemic has widened disparities in 246

the workforce and accelerated automation. Health and safety measures forced many 247

employers to adopt automation, resulting in the loss of entry-level and low-wage jobs like 248

retail salespersons, cashiers, bartenders and waiters. Those changes have significantly 249


Ordinance

12

impacted workers with a high school education or less, older workers, and workers from 250

historically disadvantaged communities. Disparities that existed before the pandemic, 251

especially those related to digital skills and reliable internet access, are worsening as 252

work, education and training programs are digitized. The council further finds that 253

additional moneys are needed to plan for and implement a strategy to address the future 254

of work, including training, increasing digital proficiency and access and monitoring and 255

supporting the overall workforce transition. The council further finds that investment in 256

industries adversely impacted by the pandemic and its secondary effects is necessary to 257

ensure those industries recover and to provide new and sustainable job opportunities for 258

laid off and underemployed people as quickly as possible. 259

BB. The council finds that public use of county parks and other facilities that 260

allow for social distancing has dramatically increased throughout the COVID-19 261

pandemic. The council therefore also finds that additional funds for the department of 262

natural resources and parks are appropriate to respond to the COVID-19 pandemic. 263

CC. The council finds that for the appropriations included in this ordinance the 264

executive will utilize a comprehensive and detailed cost recovery and funding 265

optimization framework to inform the best use of the various revenue sources including, 266

but not limited to, the Coronavirus Aid, Relief, and Economic Security Act, also known 267

as the CARES Act, the Coronavirus Response and Relief Supplemental Appropriations 268

Act, also known as the CRRSAA, the American Rescue Plan Act of 2021, also known as 269

the ARP Act, the Federal Emergency Management Agency, state funding and local 270

funding. This includes applying strategic consideration on the flexibility of funding 271

source, documentation, and administrative effort of cost recovery. 272


Ordinance

13

DD. The council has authority to enact an emergency appropriation ordinance as 273

set forth in Section 470.20 of the King County Charter. 274

SECTION 2. Ordinance 19210, Section 18, as amended, is hereby amended as 275

follows: 276

OFFICE OF PERFORMANCE, STRATEGY AND BUDGET - From the general 277

fund there is hereby appropriated to: 278

Office of performance, strategy and budget $5,600,000 279


follows: 281

PROSECUTING ATTORNEY - From the general fund there is hereby 282

appropriated to: 283

Prosecuting attorney $12,862,000 284


follows: 286

SUPERIOR COURT - From the general fund there is hereby appropriated to: 287

Superior court $3,611,000 288


follows: 290

DISTRICT COURT - From the general fund there is hereby appropriated to: 291

District court $2,098,000 292


follows: 294

JUDICIAL ADMINISTRATION - From the general fund there is hereby 295


Ordinance

14


Judicial administration $1,586,000 297


follows: 299

ASSESSMENTS - From the general fund there is hereby appropriated to: 300

Assessments $289,000 301


follows: 303

JAIL HEALTH SERVICES - From the general fund there is hereby appropriated 304

to: 305

Jail health services $1,280,000 306


follows: 308

ADULT AND JUVENILE DETENTION - From the general fund there is hereby 309


Adult and juvenile detention $1,808,000 311


follows: 313

PUBLIC DEFENSE - From the general fund there is hereby appropriated to: 314

Public defense $10,661,000 315

The maximum number of additional FTEs for public defense shall be: 25.5 316


follows: 318


Ordinance

15

COMMUNITY AND HUMAN SERVICES ADMINISTRATION - From the 319

department of community and human services administration fund there is hereby 320


Community and human services administration $13,175,000 322


follows: 324

PUBLIC HEALTH - From the public health fund there is hereby appropriated to: 325

Public health $37,701,000 326


follows: 328

HOUSING AND COMMUNITY DEVELOPMENT - From the housing and 329

community development fund there is hereby appropriated to: 330

Housing and community development $91,469,000 331


follows: 333

FACILITIES MANAGEMENT INTERNAL SERVICE - From the facilities 334

management fund there is hereby appropriated to: 335

Facilities management internal service $3,060,000 336


follows: 338

KING COUNTY INFORMATION TECHNOLOGY SERVICES - From the 339

department of information technology operating fund there is hereby appropriated to: 340

King County information technology services $880,000 341


Ordinance

16


follows: 343

From the several capital improvement project funds there are hereby appropriated 344

and authorized to be disbursed the following amounts for the specific projects identified 345

in Attachment A to this ordinance (Proposed Ordinance 2021-XXXX). 346

Fund Fund Name 2021-2022 347

3310 LONG TERM LEASES $3,964,466 348

3951 BUILDING REPAIR AND REPLACEMENT $12,575,000 349

TOTAL $16,539,466 350

SECTION 17. Attachment A to this ordinance hereby amends Attachment A to 351

Ordinance 19210, as amended, by adding thereto and inserting therein the projects listed 352

in Attachment A to this ordinance. 353

SECTION 18. The council finds as a fact and declares that an emergency exists 354


Ordinance

17

and that this ordinance is necessary for the immediate preservation of public peace, health 355

or safety or for the support of county government and its existing public institutions. 356

357

KING COUNTY COUNCIL KING COUNTY, WASHINGTON

________________________________________

Claudia Balducci, Chair ATTEST:

________________________________________

Melani Pedroza, Clerk of the Council

APPROVED this _____ day of _______________, ______.

_________________________________

Dow Constantine, County Executive

Attachments: A. Capital Improvement Program Dated 6-9-2021


ProjectNumber

Project NameClass Code

FY21-22 FY23-24 FY25-26 Total 6-Year Budget

$3,964,466 $0 $0 $3,964,466

ProjectNumber

Project NameClass Code

FY21-22 FY23-24 FY25-26 Total 6-Year Budget

$12,575,000 $0 $0 $12,575,000

$16,539,466 $0 $0 $16,539,466

3951 - BLDG REPAIR/REPL SUBFUND Total

Grand Total

$0 $0 $375,000

1141628 DES FMD LEASED HOTEL RESTORESTANDALONE

$12,200,000 $0 $0 $12,200,000

TechAdj

ITProj

1138370 DES FMD ISO/QUAR MODULAR MOVESPROGRAMMATIC

$375,000

3310 - LONG-TERM LEASES Total

3951 BLDG REPAIR/REPL SUBFUND

$221,165

1141698 DES LTLF HIAWATHA ARPASTANDALONE

$212,800 $0 $0 $212,800

1141558 DES LTLF KENT 43 WAREHOUSESTANDALONE

$221,165 $0 $0

$124,811

1140752 DES LTLF SEATAC SLEEP INNSTANDALONE

$425,250 $0 $0 $425,250

1140719 DES LTLF 1ST AVE S WAREHOUSESTANDALONE

$124,811 $0 $0

$992,250

1138768 DES LTLF CIVIC HOTELSTANDALONE

$1,584,000 $0 $0 $1,584,000

1138678 DES LTLF RENTON RED LIONSTANDALONE

$992,250 $0 $0

($200,000)

1138625 DES LTLF SODO WRHS COVID FACSTANDALONE

$604,190 $0 $0 $604,190

1138566 DES LTLF ISSAQUAH HOTELSTANDALONE

($200,000) $0 $0

ATTACHMENT A Capital Improvement Program Dated 6_9_20212021 COVID-19 Emergency Ordinance #8 - Executive Proposed

3310 LONG-TERM LEASESTechAdj

ITProj

5:15 PM 7/5/2021 1 of 1 2021-0238_ATT1A_CIP


June 17, 2021

The Honorable Claudia Balducci Chair, King County Council Room 1200 C O U R T H O U S E

Dear Councilmember Balducci:

This letter transmits a proposed emergency supplemental appropriation Ordinance that, if enacted, would authorize King County to continue to fund critical COVID-19 response efforts. The proposal includes over $200 million in revenue-backed expenditures.

This is the eighth COVID-19 supplemental appropriation request I have transmitted to the King County Council. In March 2020, our Proclamation of Emergency in response to COVID-19 enabled us to enact extraordinary measures to fight the pandemic. The King County Council subsequently approved seven COVID-19 supplemental budget requests in 2020 and 2021, funding economic recovery efforts, community health and safety measures, and the County’s response operations. As you know, last month, the Council passed Ordinance 19289, the seventh COVID-19 supplemental budget which appropriated $632 million in federal, state, and county funding for COVID-19 response work.

The proposed Ordinance would appropriate the remaining $70 million in Coronavirus Local Fiscal Recovery Funding (CLFRF) after the passage of Ordinance 19289, as well as other federal and state funding.

This proposed eighth COVID-19 supplemental invests in four key areas: • Continues the County’s COVID-19 response by readjusting public health

investments in order to continue key pandemic response operations, while rampingdown other services to meet evolving community need, including closeout costs forisolation and quarantine sites and hotels which served community throughout thepandemic.

• Dedicates $18 million for community supports by investing in a more resilient andequitable economy, connecting underrepresented and dislocated workers to in-demand

ATTACHMENT 2


The Honorable Claudia Balducci June 17, 2021 Page 2

job opportunities, creating community engagement capacity in BIPOC organizations, investing in culturally appropriate services for rideshare workers, and providing support for immigrant communities who have not been able to access federal benefits.

• Allocates over $90 million for rental assistance, utilizing federal Community Development Block Grant and HOME funds.

• Supports County service delivery through investments which support necessary operational adjustments due to the COVID-19 pandemic.

• Provides additional resources for the criminal legal system to begin addressing the backlog of criminal and civil cases that have built up over the course of the COVID-19 pandemic.

Please note that these proposed appropriation requests rely on initial estimates of costs, which may be revised. The County is actively seeking state and federal reimbursement for all COVID-19 related expenses. As with the 7th COVID supplemental budget, all programs supported by federal funds will go through legal analyses to ensure that the programs are eligible for federal funds. Currently, these federal funds can currently be used for four broad categories:

1. To respond to the public health emergency with respect to COVID-19 or its negative economic impacts, including assistance to households, small businesses and nonprofits, or aid to industries such as tourism, travel and hospitality.

2. To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the county that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work.

3. For the provision of government services to the extent of reduction in revenue due to the public health emergency relative to revenues collected in the most recent full fiscal year of the county prior to the emergency.

4. To make necessary investments in water, sewer, or broadband infrastructure. Before any funds are expended, and in accordance with the fiscal stewardship goals, the County will take the following steps: conduct a comprehensive assessment of program eligibility; verify that anticipated expenditures are appropriate; design the procurement process; conduct a risk assessment; and complete the contracting process. Each of these steps may result in required adjustments to the approved programs. These steps will impact how quickly the County can implement these programs. This work furthers the King County Strategic Plan goal to improve the health and well-being of people in our community. I certify that funds are available.


The Honorable Claudia Balducci June 17, 2021 Page 3 As COVID-19 recovery needs in the region evolve, our continued collaboration with community will allow King County to address community concerns, focus on where needs are greatest, support new economic growth, and continue to cultivate a dynamic and effective workforce. Thank you for your partnership and consideration of this proposed Ordinance. If your staff have questions, please contact Dwight Dively, Director, Office of Performance, Strategy and Budget, at 206-263-9687. Sincerely, for Dow Constantine King County Executive Enclosure cc: King County Councilmembers ATTN: Carolyn Busch, Chief of Staff Melani Pedroza, Clerk of the Council Shannon Braddock, Deputy Chief of Staff, Office of the Executive Karan Gill, Director, Council Relations, Office of the Executive Dwight Dively, Director, Office of Performance, Strategy, and Budget


2021-2022 FISCAL NOTE

Ordinance/Motion: 8th COVID Supplemental

Title: Department of Adult and Juvenile Detention Non-Labor COVID Costs

Affected Agency and/or Agencies: Department of Adult and Juvenile Detention (DAJD)

Note Prepared By: Andrew Bauck

Date Prepared: 6/7/21

Note Reviewed By: Kapena PflumDate Reviewed: 6/8/21

Description of request:

Revenue to:Agency Fund Code Revenue Source 2021-2022 2023-2024 2025-2026

Adult and Juvenile Detention 10 FEMA 1,188,000

Adult and Juvenile Detention 10 CLFRF 620,000

TOTAL 1,808,000 0 0

Expenditures from:

Agency Fund Code Department 2021-2022 2023-2024 2025-2026

Adult and Juvenile Detention 10 DAJD 1,808,000

TOTAL 1,808,000 0 0

Expenditures by Categories

2021-2022 2023-2024 2025-2026

COVID Testing and Facility Decontamination 620,000

COVID Operating Supplies, Quarantine Meals and PPE 1,188,000

TOTAL 1,808,000 0 0

Does this legislation require a budget supplemental? Yes

Notes and Assumptions:

DAJD will seek FEMA funding for the supplies, PPE, and quarantine meals.

This proposal will 1) provide funding through the end of 2021 for previously unbudgeted COVID operating supplies, including specially prepackaged quarantine meals and personal protective equipment for staff and inmates and 2) add budget for decontamination services and testing of staff following a COVID-19 outbreak in King County detention facilities in Spring 2021.

Page 1

ATTACHMENT 3




Title: Appropriates Federal COVID-19 funds to DCHS Administration Fund

Affected Agency and/or Agencies: Department of Community and Human Services

Note Prepared By: Jason Escareno


Note Reviewed By: Aaron Rubardt

Date Reviewed: 6/9/2021



DCHS 1080 Federal 13,175,000

TOTAL 13,175,000 0 0

Expenditures from:


DCHS 1080DCHS

Administration 13,175,000

TOTAL 13,175,000 0 0


2021-2022 2023-2024 2025-2026

51000 - Wages and Benefits 590,000

53000 - Services-Other Charges 12,585,000

TOTAL 13,175,000 0 0



Appropriates $13,800,000 to DCHS Administration fund as follows:

-$2,000,000 for procuring COVID-19 related civil legal services.

-$11,175,000 for COVID-19 support of the immigrant community that have not been able to access benefits.

-5% of $11.8M for administrative support

Appropriations will be loaded into CostCenter 935102 - Special Projects

Fund civil legal services and support the immigrant community that have not been able to access benefits.

Page 1




Title: DCHS HCD COVID-19 appropriation

Affected Agency and/or Agencies: Department of Community and Human Services

Note Prepared By: Jason Escareno


Note Reviewed By: Aaron RubardtDate Reviewed: 6/9/21



DCHS 2460 Federal Revenue 70,582,382

DCHS 2460 State Revenue 20,884,424

TOTAL 91,466,806 0 0

Expenditures from:


DCHS 2460 35000 91,466,806

TOTAL 91,466,806 0 0


2021-2022 2023-2024 2025-2026

53000 - Services-Other Charges 91,466,806

TOTAL 91,466,806 0 0



ARPA Rental Assistance $49,631,675

ARPA HOME Program $13,800,000

EPRAP1 2020 Carryforward Emergency Rental Assistance funding $20,884,424 ($13.29M Additional Award/$7.59M Carryforward)

Appropriates various Federal and State COVID-19 funds to Department of Community and Human Services Housing and Community Development Fund.

Page 1




Title: Department of Judicial Administration COVID Backlog and COVID Recovery

Affected Agency and/or Agencies: Prosecuting Attorney's Office

Note Prepared By: Elly Slakie





Judicial Administration 10 Federal Revenue 1,586,000

TOTAL 1,586,000 0 0

Expenditures from:


Judicial Administration 10 54000 1,586,000

TOTAL 1,586,000 0 0


2021-2022 2023-2024 2025-2026

WAGES AND BENEFITS (51000) 1,564,000

SUPPLIES (52000) 22,000

TOTAL 1,586,000 0 0

Does this legislation require a budget supplemental?


Backlog resources beginning in September 2021.

2023-2024 costs are currently unknown and will be determined as part of 2023-2024 Biennial Budget deliberations.

Expenditures by Program Area:

- Support for criminal cases: $1,235,000

- Support for civil cases, including Family Law and Ex Parte: $131,000

- Remote Protection Order Office: $220,000

Funding for term-limited employees and other costs to address COVID-related legal system backlog and operational challenges.

Page 1




Title: Department of Assessments COVID-19 Overtime

Affected Agency and/or Agencies: Department of Assessments

Note Prepared By: Tatiana Saroca


Note Reviewed By: Helene EllicksonDate Reviewed: 6/9/21



Department of Assessments 10 CLFRF 288,108 0 0

TOTAL 288,108 0 0

Expenditures from:


Department of Assessments 10 DOA 288,108 0 0

TOTAL 288,108 0 0


2021-2022 2023-2024 2025-2026

OVERTIME (51130) 288,108 0 0

TOTAL 288,108 0 0



Add funding to cover overtime costs associated with COVID-19. COVID-19 business process safety protocols for appraisers have constrained standard field and office operations. To meet mandated deadlines, overtime is used to cover the additional time it takes to complete work and to cover COVID-related absences.

Page 1



Ordinance/Motion: 8 8th COVID Supplemental

Title: Department of Public Defense COVID Backlog and COVID Recovery

Affected Agency and/or Agencies: Department of Public Defense






Public Defense 10 Federal Revenue 10,661,000 0

TOTAL 10,661,000 0 0

Expenditures from:


Public Defense 10 95000 10,661,000

TOTAL 10,661,000 0 0


2021-2022 2023-2024 2025-2026


SUPPLIES (52000) 107,000

LEGAL SERVICE (53801) 1,487,000

TOTAL 10,661,000 0 0

Does this legislation require a budget supplemental? YesNotes and Assumptions:



Funding for labor, expert services, and other costs to address COVID related legal system backlog and operational challenges.

The adopted 2021-2022 Biennial Budget calls for a reduction of 25.5 FTEs in Public Defense in 2022 to account for a new felony diversion program set to launch in 2022. Given the significant criminal legal system case backlog that has built up during the COVID pandemic, this proposal reverses the 25.5 FTE reduction to ensure adequate staff resources are available to address the case backlog. Federal revenue will cover these and other expenditures to address the backlog.

Page 1




Title: Public Health COVID-19 Response

Affected Agency and/or Agencies: Department of Public Health (DPH)

Note Prepared By: Drew Pounds


Note Reviewed By: Aaron RubardtDate Reviewed: 6/10/2021



Department of Public Health 1800 Federal Revenue -19,718,593

Department of Public Health 1800 State Grants 25,519,309

Department of Public Health 1800 Federal Grant 5,500,000

TOTAL 11,300,716 0 0

Expenditures from:


Department of Public Health 1800 DPH 11,300,716

TOTAL 11,300,716 0 0


2021-2022 2023-2024 2025-2026


SUPPLIES (52000) 863,377

SERVICES-OTHER CHARGES (53000) 2,762,890

INTRAGOVERNMENTAL SERVICES (55000) 739,947

TOTAL 11,300,716 0 0



Extends the Public Health response from October 2021 through December 2021 for COVID-19 Testing, Contact Tracing, Care Coordination, Isolation & Quarantine (I&Q) Patient Services, Strike and Mobile Assessment Teams, and Outbreak Testing. Also continues the Call Center, Health & Medical Area Command (HMAC), vaccine planning and implementation, and Community Mitigation and Recovery (including community navigators, language access and task forces). Also provides $2.5M to provide ventilation support, expanding the SafeStart program beyond food establishments.

A Washington Department of Health Grant for $6.7M covers vaccine work, contract tracing, Mobile Assessment Teams, and I&Q Patient Services. Another state grant provides $1.3M for care coordination. These grants, along with a $17.5M grant from the state, will replace revenue from the Coronavirus Fiscal Relief Fund. A new CDC grant provides $5.5M for Community Mitigation, an Equity Response Team, Evaluation, and other related activities.

Page 1




Affected Agency and/or Agencies: DES/FMD

Note Prepared By: Sid Bender


Note Reviewed By: Hanh MaiDate Reviewed: 6/7/21



FMD - Internal Services 5511 State or Federal 3,058,465

FMD - Long Term Lease 3310 State or Federal 3,964,466

FMD - Building Repair & Replacement 3951 State or Federal 12,575,000

TOTAL 19,597,931 0 0

Expenditures from:


FMD - Internal Services 5511 3,058,465

FMD - Long Term Lease 3310 3,964,466

FMD - Building Repair & Replacement 3951 12,575,000

TOTAL 19,597,931 0 0


2021-2022 2023-2024 2025-2026Operating

Isolation & Quarantine Operating 2,964,223Civic Hotel Program 94,242

Capital Long Term Lease Fund (3310)

Hotel/Motel Leases 1,417,500 Civic Hotel Lease (thru 6/30/22) 1,584,000 Warehouse Storage Leases (FEMA eligible) 345,976 Hotel Restoration Assessment Costs (Moved to Hotel Restoration Project) -200,000 SODO Temporary Shelter Lease Costs 604,190 Hiawatha Lease 212,800Building Repair and Replacement Fund (3951)

Aurora Avenue Trailer Site Repair 375,000 Hotel Restoration 12,200,000

TOTAL 19,597,931 0 0



This proposal continues funding the County Isolation/Quarantine operations, and various hotel/motel leases. The proposal also includes capital projects to fund hotel rehabilitation and other miscellaneous facility repairs.

Title: FMD Consolidated Request - Lease extensions, Lease facility rehabilitation and I&Q Operating

Page 1




Title: District Court COVID Backlog and COVID Recovery

Affected Agency and/or Agencies: District Court






District Court 10 Federal Revenue 2,098,000

TOTAL 2,098,000 0 0

Expenditures from:


District Court 10 53000 2,098,000

TOTAL 2,098,000 0


2021-2022 2023-2024 2025-2026


SUPPLIES (52000) 63,000

SERVICES-OTHER CHARGES (53000) 63,000

TOTAL 2,098,000 0 0

Does this legislation require a budget supplemental? YesNotes and Assumptions:Backlog resources beginning in September 2021.


Funding for overtime, to hire term-limited employees, and for the infrastructure for processing District Court's COVID-19 case backlog.

Page 1




Title: KCIT Services: Workstation Leases and application licenses to Support COVID-19 Activities

Affected Agency and/or Agencies: King County Information Technology

Note Prepared By: George Vida & Junko Keesecker


Note Reviewed By: Helene EllicksonDate Reviewed: 6/8/21



KCIT 5531Federal/State

Grants879,180

TOTAL 879,180 0 0

Expenditures from:


KCIT 5531 KCIT 879,180

TOTAL 879,180 0 0


2021-2022 2023-2024 2025-2026

RENT LEASE EDP EQUIP 53711 315,776

SOFTWARE NONCAP 52189 563,404

TOTAL 879,180 0 0



The breakdown of application licenses and workstation leases by agency are below:

The Workstation count: DPH 410; KCSC 75; DJA 75; KCDC 58; DCHS 50; DAJD 4; DES 3; and Exec 2.

The request include cost of workstation leases for laptops used by staff supporting COVID-19 testing and vaccination, as well as other KC employees who needed mobile devices for mandatory telecommuting. The request also includes the cost of application licenses; Zoom Video Communications for Large County Virtual Meetings ($223K); MS O365 G5 Licenses to support mass vaccination for DPH (275 licenses for a total of $166K), Power Platform Licenses for COVID applications ($174K). A combination of FEMA and CRF funded these costs in 2020.

Application licenses; MS O365 G5 Licenses to support mass vaccination for DPH (275 licenses), Power Platform Licenses for COVID applications - DPH $97K; Exec $39K; DLS $25K; DCHS $6K; KCIT $6K; DNRP $1K.

Page 1




Title: Superior Court COVID Backlog and COVID Recovery

Affected Agency and/or Agencies: Superior Court






Superior Court 10 Federal Revenue 3,611,000 0

TOTAL 3,611,000 0 0

Expenditures from:


Superior Court 10 51000 3,611,000

TOTAL 3,611,000 0 0


2021-2022 2023-2024 2025-2026


SUPPLIES (52000) 57,000

TOTAL 3,611,000 0 0





- Criminal cases: $2,159,000

- Civil cases, including Family Law and Ex Parte: $1,304,000

- Positions previously supported by State COVID funding (through 2021): $148,000


Page 1




Title: Prosecuting Attorney's Office COVID Backlog and COVID Recovery

Affected Agency and/or Agencies: Prosecuting Attorney's Office






PAO 10 Federal 12,862,000 0

TOTAL 12,862,000 0 0

Expenditures from:


PAO 10 50000 12,862,000

TOTAL 12,862,000 0 0


2021-2022 2023-2024 2025-2026


SERVICES-OTHER CHARGES (53000) 600,000

TOTAL 12,862,000 0 0





- Criminal cases - Superior Court: $10,118,000

- Criminal cases - District Court: $926,000

- Domestic violence victim services: $1,124,000

- DUI diversion pilot program: $569,000

- Property crime victim services: $125,000


Page 1




Title: Jail Health Services Vaccination Program

Affected Agency and/or Agencies: Department of Public Health & Jail Health Services

Note Prepared By: Andrew Bauck





Jail Health Services 10 Vax Cares 1,279,300

TOTAL 1,279,300 0 0

Expenditures from:


Jail Health Services 10 Public Health 1,279,300

TOTAL 1,279,300 0 0


2021-2022 2023-2024 2025-2026

Labor and benefits 328,805

Agency-provided nurses and nursing assistants 950,495

TOTAL 1,279,300 0 0



Budget costs of administering vaccines to incarcerated individuals for April - December 2021. Costs include RNs, CNAs and corrections officers for screening, education, vaccine administration, support, supervision, and escorts. This request will be funded by the federal Vaccine Cares grant.

Page 1




Title: PSB Administered Pandemic Community Recovery Investments

Affected Agency and/or Agencies: Office of Performance, Strategy and Budget

Note Prepared By: Helene Ellickson


Note Reviewed By: Andrew CronholmDate Reviewed: 6/8/21



General Fund 10 Federal Revenue 5,600,000

TOTAL 5,600,000 0 0

Expenditures from:


10 PSB 5,600,000

TOTAL 5,600,000 0 0


2021-2022 2023-2024 2025-2026

WAGES AND BENEFITS (51000) 200,000

SERVICES - OTHER CHARGES (53000) 5,400,000

TOTAL 5,600,000 0 0


Notes and Assumptions:Includes 1 TLT for grant or program administration.Programmatic expenditure allocation: TLTGrant and program administration $200,000 1Regional economic recovery $1,000,000Recovery Corps $3,000,000Equitable recovery and reconciliation $1,000,000TNC driver solidarity and service center $275,000Virtual Hiring Hall $125,000Total $5,600,000 1

Provide resources to PSB for execution and administration of community investments the following areas: Fund implementation of a regional economic recovery plan to build a more resilient and equitable economy for women and people of color; support a ‘Recovery Corps’ to connect dislocated workers of color, bilingual workers and youth with in-demand jobs in prioritized sectors that can be connected to long-term career pathways that lead to better jobs and better pay; add funds to ensure an equitable recovery by creating capacity for community engagement, leadership training, racial justice advocacy, and strategic collaboration and thought partnership with decision makers; fund culturally and linguistically appropriate public health and social service outreach, case management, interpretation and Pandemic Unemployment Assistance application support to rideshare drivers and their families in King County; funds a new virtual hiring hall to serve as a hub linking underrepresented workers, community organizations, labor, and employers.

Office of Performance, Strategy and Budget

Page 1



Ordinance/Motion: 8th COVID SupplementalTitle: COVID-19 Vaccination Costs - King County COVID Response

Note Prepared By: Drew PoundsDate Prepared: 6/7/2021Note Reviewed By: Aaron RubardtDate Reviewed: 6/10/2021


Revenue to:Agency Fund Code Revenue Source 2021-2022 2023-2024 2025-2026DPH Public Health 1800 State Revenue 26,400,000

TOTAL: $26,400,000 - -

Expenditures from:Agency Fund Code Department 2021-2022 2023-2024 2025-2026DPH Public Health 1800 DPH 26,400,000

TOTAL: $26,400,000 - -

Expenditures by Category2021-2022 2023-2024 2025-2026

WAGES AND BENEFITS (51000) - SUPPLIES (52000) - SERVICES-OTHER CHARGES (53000) 26,400,000 INTRAGOVERNMENTAL SERVICES (55000) -

TOTAL: $26,400,000 - - Does this legislation require a budget supplemental?Notes and Assumptions:- State revenue is being provided through a contract with the Department of Health (DOH) for mass vaccination work, which DOH is funding through FEMA.

Add appropriation authority to continue the County's COVID-19 mass vaccination program, based on vaccine availability and need. The mass vaccination program funding comes from the State Department of Health, backed by FEMA. The requested funding covers mass vaccination costs from partner agencies, including the University of Washington, Seattle Cancer Care Alliance, Shoreline Fire, Snoqualmie Valley Hospital, and Virginia Mason/CHI Franciscan.

Affected Agencies: Departments of Public Health (DPH)

Page 1BFM Additional Meeting Materials July 6, 2021

8TH COVID-19 EMERGENCY SUPPLEMENTAL CROSSWALKOne-Time Expenditures

19210 Section

Appro NameAppro

No.Title Narrative Appropriation FTE

SST/ TLT

18OFFICE OF PERFORMANCE, STRATEGY AND BUDGET

A14000 Expanding Access to Opportunity

Fund implementation of a regional economic recovery plan to build a more resilient and equitable economy for women and people of color. Funds will be awarded competitively to a public-private organization that leads regional economic development in King County.

1,050,000 - 1.0


A14000 Recovery Corps

Support a ‘Recovery Corps’ to connect dislocated workers of color, bilingual workers and youth with in-demand jobs in prioritized sectors that can be connected to long-term career pathways that lead to better jobs and better pay. Funding will support workers affected by the COVID-19 pandemic through wrap-around services to provide basic needs, upskilling low wage workers, and job subsidies. Funds will be awarded competitively for equitably creating career pathways for adults and youth through demand-driven workforce and training programs.

3,150,000 - -


A14000Support to Ensure Equitable Recovery and Reconciliation

Add funds to ensure an equitable recovery by creating capacity for community engagement, leadership training, racial justice advocacy, and strategic collaboration and thought partnership with decision makers. Funds will be awarded to an alliance of BIPOC organizations who are working in partnership with the County's Workforce Development Council.

1,000,000 - -


A14000TNC Driver Solidarity and Services Center Support

Fund culturally and linguistically appropriate public health and social service outreach, case management, interpretation and Pandemic Unemployment Assistance application support to rideshare drivers and their families in King County, and prepare a report on disruptions to the transportation industry caused by COVID-19. Funds will be awarded competitively to an organization who specializes in providing culturally and linguistically appropriate services to transportation network company drivers.

275,000 - -


A14000 Virtual Hiring HallFund a new virtual hiring hall to serve as a hub linking underrepresented workers, community organizations, labor, and employers. Workers will be offered both virtual and in-person multi-lingual training.

125,000 - -

30 PROSECUTING ATTORNEY A50000PAO COVID Backlog and COVID Recovery

Fund term-limited employees and other costs to address COVID-related legal system backlog and operational challenges.

12,862,000 - 61.0

31 SUPERIOR COURT A51000Superior Court COVID Backlog and COVID Recovery


3,611,000 - 22.5

32 DISTRICT COURT A53000District Court COVID Backlog and COVID Recovery

Fund overtime, to hire term-limited employees, and for the infrastructure for processing District Court's COVID-19 case backlog.

2,098,000 - 12.0

5:17 PM 7/5/2021 1 OF 4 2021-0238_ATT4_Crosswalk

ATTACHMENT 4



19210 Section

Appro NameAppro


SST/ TLT

34 JUDICIAL ADMINISTRATION A54000DJA COVID Backlog and COVID Recovery


1,586,000 - 13.8

40 ASSESSMENTS A67000 COVID-19 Overtime

Add funding to cover overtime associated with COVID-19. COVID-19 business process safety protocols for appraisers have constrained standard field and office operations and staff have been directly affected by COVID-19. To meet mandated deadlines, overtime is used to cover the additional time it takes to complete work and to cover COVID-related absences.

288,108 - -

48 JAIL HEALTH SERVICES A82000 Vaccination Program

Budget costs of administering vaccines to incarcerated individuals for April - December 2021. Costs include RNs, CNAs and corrections officers for screening, education, vaccine administration, support, supervision, and escorts. This request will be funded by the Vaccine Cares grant.

1,279,300 - -

50 ADULT AND JUVENILE DETENTION A91000COVID Operating Supplies, Quarantine Meals and PPE

Provide funding through the end of 2021 for previously unbudgeted COVID operating supplies, including specially pre-packaged quarantine meals and personal protective equipment for staff and inmates.

1,188,000 - -

50 ADULT AND JUVENILE DETENTION A91000COVID Testing and Facility Decontamination

Add budget for decontamination services and testing of staff following a COVID-19 outbreak in King County detention facilities in Spring 2021.

620,000 - -

51 PUBLIC DEFENSE A95000DPD COVID Backlog and COVID Recovery

Fund labor, expert services, and other costs to address COVID-related legal system backlog and operational challenges.

10,661,000 25.5 20.0

60COMMUNITY AND HUMAN SERVICES ADMINISTRATION

A93500 Civil Legal Services Add budget for legal aid providers. 2,000,000 - -

60COMMUNITY AND HUMAN SERVICES ADMINISTRATION

A93500 Immigrant Community SupportAdd funds for COVID-19 support for immigrant community that have not been able to access federal benefits.

11,175,000 - -

100 PUBLIC HEALTH A80000Federal and State Funding Adjustments

Extend the Public Health response through December 2021. Includes a variety of revenue-backed grants and technical adjustments such as Care Coordination, ELC grant, CDC grant, and Vaccine Cares.

11,300,716

5:17 PM 7/5/2021 2 OF 4 2021-0238_ATT4_CrosswalkBFM Additional Meeting Materials July 6, 2021


19210 Section

Appro NameAppro


SST/ TLT

100 PUBLIC HEALTH A80000 Mass Vaccination Sites (FEMA)Add appropriation authority to continue the County's COVID-19 mass vaccination program, based on vaccine availability and need. The mass vaccination program funding comes from the State Department of Health, backed by FEMA.

26,400,000 - -

106HOUSING AND COMMUNITY DEVELOPMENT

A35000HUD CDBG - CV III Reappropriation

Reappropriate the HUD Community Development Block Grant, received as a direct allocation to the County in 2020.

5,663,680 - -


A35000 HUD CDBG - CV II State Allocation Appropriate the state allocation of a HUD Community Development Block Grant. 1,487,027 - -


A35000 ARPA - HOME Program Appropriate federal HOME Program funding. 13,800,000 - -


A35000 ARPA - Rental Assistance Appropriate federal Rental Assistance funding. 49,631,675 - -


A35000 Carryforward from EPRAP1 Carryforward Emergency Rental Assistance funding. 20,884,424 - -

119FACILITIES MANAGEMENT INTERNAL SERVICE

A60100Civic Hotel Operating Costs (utilities, maintenance, cleaning.)

Fund operating costs for the Civic Hotel through June 2022, including utilities, maintenance, and cleaning. These costs will be paid by DCHS existing $7.5 million line item budget approved in the 7th COVID supplemental.

94,242 - -

119FACILITIES MANAGEMENT INTERNAL SERVICE

A60100 Facility Operating CostsFund operating costs at County-run hotels and other sites. This proposal excludes the Civic Hotel, which is included as a separate proposal.

2,964,223 - -

121KING COUNTY INFORMATION TECHNOLOGY SERVICES

A43200Application Licenses to Support COVID-19 Activities

Add budget for the cost of 2nd year licenses, namely: Zoom Video Communications for Large County Virtual Meetings ($205K), MS O365 G5 Licenses to support mass vaccination (275 licenses for a total of $166K), Power Platform Licenses for COVID applications ($174K), and Tableau licenses.

563,404 - -

121KING COUNTY INFORMATION TECHNOLOGY SERVICES

A43200Workstation Leases to Support Year-2 COVID-19 Activities

Add budget for the cost of 2nd year workstation leases for laptops used by staff supporting COVID-19 testing and vaccination, as well as other KC employees who needed mobile devices for mandatory telecommuting.

315,776 - -

129 LONG TERM LEASES F3310 SODO Lease Extension Fund SODO temporary shelter lease costs through December 31, 2021. 604,190

129 LONG TERM LEASES F3310Hotel Restoration Needs Assessment

Make a net zero budget adjustment to hire consultant to calculate cost estimates for tenant improvement work to restore Hotel facility and equipment to pre-County lease condition. Budget is being moved to Fund 3951.

(200,000) - -

129 LONG TERM LEASES F3310 Warehouse Lease ContinuationFund the continuation of 1st Avenue Warehouse lease and the Kent 43 Warehouse lease for the storage of PPE and other COVID-19-related equipment.

345,976 - -



19210 Section

Appro NameAppro


SST/ TLT

129 LONG TERM LEASES F3310 Civic Hotel Lease ExtensionMake technical adjustment that allows FMD to make lease payments. The original budget is already approved in the DCHS $7.5 million budget proposal funded in the 7th COVID supplemental.

1,584,000 - -

129 LONG TERM LEASES F3310 Hotel Lease ExtensionsFund County hotel leases through December 31, 2021, including Renton Red Lion and SeaTac Sleep-Inn.

1,417,500 - -

129 LONG TERM LEASES F3310 Hiawatha Lease ExtensionAdjust budget to extend Hiawatha lease that was set to expire on May 31. This proposal covers leas costs from June 2021 through December 2022.

212,800 - -

129 BUILDING REPAIR AND REPLACEMENT F3951Hotel Restoration Needs Assessment

Make a net zero budget adjustment to hire consultant to calculate cost estimates for tenant improvement work to restore Hotel facility and equipment to pre-County lease condition. Budget is being moved from Fund 3310.

200,000 - -

129 BUILDING REPAIR AND REPLACEMENT F3951 End of Lease Hotel RestorationAppropriate construction costs to restore leased hotels to pre-County lease facility condition. This proposal includes facilities in Issaquah, Renton, and SeaTac.

12,000,000 - -

129 BUILDING REPAIR AND REPLACEMENT F3951 Aurora Trailer Site Repairs Fund water damage repairs to the Aurora trailer site. 375,000 Total Operating $ 186,073,575 25.5 130.3 Total CIP $ 16,539,466 - - Total Amount $ 202,613,041 25.5 130.3


Dated June 30, 20212021‐2022 Executive Proposed General Fund (10) Financial Plan (in millions)Summary includes Inmate Welfare (16) and Goat Hill Garage Operations (1415) subfunds as reported in CAFR

2019‐2020

Actuals*

2021‐2022

Adopted Budget*2021‐2022

Current Budget*

2021‐2022

Biennial‐to‐Date

Actuals

2021‐2022

Estimated

2023‐2024

Projected

2025‐2026

Projected

1 BEGINNING FUND BALANCE 138.6 171.1 173.1 173.1 173.1 146.8 170.42

3 REVENUES*

4 Property Tax*

736.5 777.6 781.0 160.6 781.0 818.4 855.8

5 Sales Tax* 306.2 289.0 307.9 39.2 307.9 315.9 327.8

6 Intergovernmental Receipts 7.9 0.3 0.3 0.0 0.3 0.3 0.3

7 Federal and State Revenue 149.4 50.8 173.9 6.8 192.3 52.4 52.4

8 Fines, Fees, Transfers 147.9 182.3 198.3 20.0 198.3 223.5 208.8

9 Charges for Services 553.7 571.7 573.2 30.1 578.2 609.0 642.9

10 Other Taxes 8.3 8.1 8.1 3.8 8.1 8.7 8.9

11 Interest 28.8 7.8 8.6 2.0 8.6 7.6 9.412

13 General Fund Revenues 1,938.7 1,887.5 2,051.3 262.5 2,074.6 2,035.7 2,106.314

15 EXPENDITURES

16 Justice and Safety 1,370.2 1,380.4 1,380.4 232.2 1,380.4 1,444.7 1,533.6

17 Administration/General Government 324.9 319.8 319.8 59.3 319.8 339.2 360.1

18 Public Health 69.1 69.7 69.7 16.1 69.7 72.7 77.2

19 Debt Service 58.3 66.5 66.5 8.6 66.5 65.5 64.9

20 Elections 44.1 46.2 46.2 5.8 46.2 50.4 53.5

21 Human Services 27.8 36.1 36.1 9.1 36.1 38.5 40.8

22 Physical Environment 9.8 11.8 11.8 1.2 11.8 12.4 13.1

23 Supplementals/Carryover/Reappropriations 0.0 0.0 179.2 0.0 208.7 13.0 13.0

25 Underexpenditures* 0.0 (33.3) (33.3) 0.0 (33.3) (34.6) (35.9)26

27 General Fund Expenditures 1,904.1 1,897.2 2,076.4 332.3 2,106.0 2,001.9 2,120.4

28

29 Other Fund Transactions * 0.0 10.4 (5.0) 0.0 (5.0) 10.2 10.330

31 Ending Fund Balance 173.1 151.0 153.0 103.4 146.8 170.4 146.032

33 DESIGNATIONS AND SUBFUNDS *

34 Designations 4.1 3.5 3.3 3.3 3.3 2.9 2.5

35 Subfund Balances 7.0 1.8 1.8 1.8 1.8 0.0 0.0

36 EXPENDITURE RESERVES

37 Carryover and Reappropriation 28.0 10.2 10.2 0.0 10.2 10.3 10.4

38 CIP Capital Supplemental Reserve 0.0 0.0 0.0 0.0 0.0 0.0 0.0

39 Credit Rating Reserve* 2.5 3.7 3.7 3.7 3.7 4.3 4.9

40 Executive Contingency 0.1 0.1 0.1 0.1 0.1 0.1 0.1

41 South Park Bridge Post Annexation Operations 0.0 0.0 0.0 0.0 0.0 2.0 4.0

42 Criminal Justice Incentive Reserve 2.0 0.0 0.0 0.0 0.0 0.0 0.0

43 Community Navigators Reserve 0.0 1.0 1.0 1.0 1.0 2.0 3.0

44 Jail Diversion and Reentry Hub Reserve 0.0 1.4 1.4 1.4 1.4 2.7 4.1

45 Adult Diversion Program Reserve 0.0 2.5 2.5 2.5 2.5 5.0 7.5

46 Public Safety Alternative Investments Reserve 0.0 0.5 0.5 0.5 0.5 1.0 1.5

47 Trial Court Improvement Account Reserve 1.1 1.1 1.0 1.1 1.0 1.0 1.0

48 COVID Response Reserve* 52.0 46.6 31.0 31.0 31.0 31.0 31.0

49 Risk Reserve* 10.3 26.6 44.1 44.1 44.1 52.1 52.150

51 Reserves 107.1 98.9 100.4 90.3 100.4 114.3 121.952

53 Ending Undesignated Fund Balance* 66.0 52.1 52.6 13.0 46.4 56.2 24.154

55 6% Undesignated Fund Balance Minimum 49.5 46.4 46.4 46.4 46.4 49.1 51.256

57 Over/(Under) 6% Minimum 16.5 5.8 6.2 (33.3) 0.0 7.1 (27.1)58

59 Over/(Under) 8.0% 0.0 (9.7) (9.3) (48.8) (15.5) (9.3) (44.1)60

61 Rainy Day Reserve 26.4 20.7 20.7 26.4 20.7 20.9 21.0

ATTACHMENT 5


2021‐2022 General Fund Financial Plan Footnotes

● 2019‐2020 Estimated reflects PSB's best estimate of total biennial revenues and expenditures through 12/31/2020.

● 2021‐2022 Adopted Budget is consistent with the budget system of record (PBCS).

● Revenue estimates for 2021 ‐ 2026 are based on forecasts adopted by the Forecast Council or interim forecasts published by the

Office of Economic and Financial Analysis (OEFA), whichever have been most recently updated, and revenue estimates provided

by General Fund appropriation units. The percentages below are the expected percent change over the prior budget cycle.

These are biennial growth rates.

2021‐2022 2023‐2024 2025‐2026

Property Tax As Forecast 4.8% 4.6%

Sales Tax (including sales tax dedicated to criminal justice) As Forecast 2.6% 3.8%

All Other* As Forecast ‐8.5% 2.3%

Blended Revenue Growth Rate As Forecast ‐1.9% 3.5%

*Other revenues are projected to fall in the 23‐24 biennium assuming federal COVID relief and state funding for the Blake decision response both end.

● Property Tax forecasts for 2021 ‐ 2026 are based on March 2021 OEFA forecast adopted by the Forecast Council and assume

the current property tax structure and a collection rate of 97.5% in 2021‐2022 and 99% thereafter.

● Sales Tax forecasts for 2021 ‐ 2026 are based on the March 2021 forecast provided by OEFA.

● Expenditure estimates for 2021‐2022 are based on the Adopted Budget and any adopted or upcoming supplemental appropriations.

This financial plan assumes total General Fund appropriations of $10 million in the mid‐biennial budget, partially offset with

$5 million of revenues. The revenues reflect updated General Fund overhead allocations. The COVID 8 Supplemental has

been omitted on the presumption that it will have a net‐zero impact to the fund.

● Expenditure estimates for 2023‐2024 and 2025‐2026 are based on the following assumptions. The percentages indicate the expected

percentage change over the previous budget cycle.

2021‐2022 2023‐2024 2025‐2026

CPI (Seattle July to June CPI‐U) As Forecast 5.3% 5.3%

Blended Labor As Forecast 5.8% 6.7%

Operating GF Transfers As Forecast 5.3% 5.3%

Blended Operating Growth Rate* As Forecast ‐4.9% 6.2%

*Operating expenditures are projected to fall in the 23‐24 biennium on the assumption that the County will discontinue all federally

supported COVID response programs and the Blake response actions will be complete.

● CIP General Fund Transfer budget and outyear assumptions (in millions)

2021‐2022 2023‐2024 2025‐2026

Building Repair and Replacement 0.8 1.5 1.6

KCIT CIP ‐ 4.0 4.2

Expenditure of Designated Fund Balance 2.5 ‐ ‐

Total 3.3 5.5 5.8

● The debt service schedule for 2021 ‐ 2026 is based on the following table:

(in millions)

Debt Service Elements 2021‐2022 2023‐2024 2025‐2026

Existing Debt Issues 62.7 42.6 35.5

New Debt Issuance 3.6 21.8 28.4

Debt contingency for new issues and variable rate 1.0 1.0 1.0

Total Debt Service 67.4 65.5 64.9

Based on current projections, projected debt service expense will not exceed the County's policy that debt service

should be less than 6% of General Fund expenditures.


2021‐2022 General Fund Financial Plan Footnotes

● The 2021‐2022 Adopted Budget includes vacancy assumptions in the majority of General Fund operating budgets. This is

budgeted directly in appropriation units. An additional biennial underexpenditure assumption of $33 million is included,

reflecting an assumed $22.5 million in actual underexpenditures and a reappropriation rate of $10.5 million per biennium.

● Designations and subfund balances include the following for each of the years (in millions):

2021‐2022 2023‐2024 2025‐2026

Loans 0.0 0.0 0.0

Assigned for Capital Projects 0.0 0.0 0.0

Crime Victim Compensation Program 0.8 0.8 0.8

Drug Enforcement Program 0.7 0.7 0.7

Anti‐Profiteering Program 0.1 0.1 0.1

Dispute Resolution 0.0 0.0 0.0

Wheelchair Access 1.6 1.2 0.8

Inmate Welfare Fund Balance 1.8 0.0 0.0

Total* 5.0 2.9 2.5*Totals may not match financial plan exactly due to rounding

● The Credit Rating Reserve dedicates fees collected from other county funds to increase fund balance and maintain the

county's bond rating. Other funds that have issued debt and benefit from the county's bond rating through lower interest

contribute to this reserve based on the amount of outstanding principal on LTGO debt. 35% of the Credit Enhancement Fee

is placed in this reserve. The goal for this reserve is to reach 1% of total outstanding GO debt backed by the full faith and

credit of the General Fund.

● The 2021‐2022 General Fund Financial Plan includes four new reserves for future investments: Community Navigators Reserve,

Jail Diversion and Reentry Hub Reserve, Adult Diversion Program Reserve, and Public Safety Alternatives Investment Reserve. These

four reserves are designed to set aside funding to design and implement key diversion and criminal legal system reform initiatives

that will be developed in late 2020 and early 2021 and proposed in an upcoming supplemental budget.

● The COVID Reserve was funded with CRF in 2020 to cover the cost of eligible staff that were redeployed to addresses the

COVID public health emergency. The initial reserve was $52M, but has been drawn down to fund expenditures in

COVID 6 ($5M for advanced funding revolving fund) and COVID 7 ($16M for multiple programs).

● The Risk Reserve sets aside fund balance to mitigate known and unknown risks.

● County policy requires undesignated fund balance of 6%‐8% of certain revenues. Per county policy, the county will strive to

maintain reserves in times of economic prosperity to offset times of declining revenue.


�uptrinr atnurl nf tlfe Jitate nf �asqinghtn fur � atnunfv nf �ing

JAMES E. ROGERS J:reaimug IDwse

May 6, 2021

Dwight Dively Budget Director, King County Executive

King County Councilmember Jeanne Kohl-Welles Chair, Budget and Fiscal Management Committee

�ing Cllountu Cllourilyouft Jjeattle, .ns4ingtan 98104-2381

3lim.�gers@kingrounlu-sa£r (206) 477-1597

Re: Summary of King County Superior Court's COVID-8 Budget Request

Dear Mr. Dively and Councilmember Kohl-Welles,

This letter is a short explanation of Superior Court's COVID 8 budget request. The supporting Department of Judicial Administration's (Clerk's Office) request is coming by separate cover. Please note that while our reduction plan is over three years, this budget request is only for the current 2021-2022 biennium. Additional information is included which estimates costs beyond the current biennium, as we thought it important that you see our entire plan up front. We recognize that we will need to evaluate our progress prior to submitting a budget request for costs in the next biennium, and that this funding is temporary and we must plan for after it ends.

Our request for 2021-2 is $17,604,934, plus DJA's request Our total three year request is 34,098,181, plus DJA's request

The Current Situation in King County Superior Court and The Rationale Behind this Budget Request

King County Superior Court is a national leader in creating greater access to justice through virtual technology. In addition to thousands of hearings, we held over 600 trials from July 2020 to March 2021, including over 120 jury trials, while many courts across the country, even in the County, remained closed. Despite this great progress, the pandemic resulted in

ATTACHMENT 6


Office of the Prosecuting Attorney CRIMINAL DIVISION

W554 King County Courthouse 516 Third Avenue

Seattle, Washington 98104 (206) 296-9000

DANIEL T. SATTERBERG PROSECUTING ATTORNEY

May 7, 2021

Dwight Dively, Director King County Office of Performance, Management and Budget 401 Fifth Avenue, 8th Floor Seattle, WA 98104

Re: PAO “COVID 8” Request

Dear Dwight:

The Prosecuting Attorney’s Office (PAO) has been following health experts’ advice, guidelines, and recommendations to address the COVID-19 pandemic. Our efforts have been successful in that we have, for the most part, kept our employees, our clients, and members of the general public safe from the harmful effects of the virus. However, our efforts have also had very serious and negative impacts on the operations of our office and the entire justice system.

Our criminal justice system is facing unprecedented pressures due to challenges related to its significant slow-down as the result of COVID-19. For example, the number of pending cases in our criminal justice has doubled since March of 2020, when the stay-at-home order was first issued.

The PAO is requesting 160 positions and budget of $78 million to address urgent and immediate needs in the following four areas1:

• Criminal Division – pending cases and COVID-related backlog• Supreme Court mandates regarding resentencing and sentence review• Civil Division – necessary capacity related to federal COVID relief funding• Additional IT, HR, and Finance capacity related to increased work force needs

I. Criminal Division Pending and Unfiled Cases

A. Increased Trial Capacity

Superior Court has announced its intention to add six new trial judges in an effort to tackle the unprecedented number of pending felonies currently awaiting trial. Superior Court estimates that it will hold jury trials for 74 additional Class A felonies over the next 36 months, with a focus on trying the most serious cases first.

1 For details, please see Attachment A - Estimated PAO Costs to Address Caseload and Operation Needs Due to COVID-19

ATTACHMENT 7


Prosecuting Attorney King County

Page 2 Every criminal trial requires a team of PAO employees to perform a variety of necessary functions, including:

Trial DPA: Trial DPAs prepare all aspects of the case. Prior to trial, DPAs identify and interview witnesses and experts, compile and review discovery, conduct legal research and prepare briefs for trial and pre-trial motions. At trial, DPAs present the State’s case in chief, including introducing exhibits into evidence, presenting witness and expert testimony, and presenting opening statements and closing arguments – the more complex the case, the more skill and training required by the DPA. Trial Paralegal: Paralegals are essential in getting cases to trial. Paralegals schedule witness interviews and remain in contact with witnesses throughout trial, often adjusting witness schedules as trial timelines change. Paralegals also create, redact, and alter trial exhibits pursuant to the Court’s rulings on motions and objections. They test courtroom equipment, process and distribute discovery to defense attorneys, and schedule and coordinate interpreters. Victim Advocate: Victim advocates guide victims of crime through all stages of a criminal trial. They meet with victims, explain the criminal justice process, conduct interviews, and are typically present with victims during court appearances. Victim advocates also deploy crisis and case management techniques (including safety planning) and navigate victims to necessary services. Victim advocates are absolutely essential in getting cases to trial and complying with our State’s Victim Bill of Rights. Word Processing: Our Word Processing Unit prepares typewritten transcripts of 911 calls, interviews, jail calls and other items needed for trial. These transcripts are essential evidence and are used and relied upon by judges, defense attorneys, juries, witnesses, and prosecutors. Discovery Unit: Our Discovery Unit is essential in meeting the State’s ethical and constitutional requirements to deliver the most up-to-date and Bates’ stamped discovery/evidence to defense attorneys before and during each and every criminal trial.

Because Superior Court intends to add six additional judges in order to try 74 additional Class A felonies each year over the next three years, the PAO estimates that it needs the following resources to meet the Court’s goal:

• 14 Senior Trial DPAs • 1 Senior Supervising attorney • 4 Trial Paralegals • 3 Victim Advocates • 2 Word Processing Staff • 2 Discovery Unit Staff • Various equipment needs (PbK licenses, laptops, etc. . .)



Page 3 B. Pending Homicide Trials There are currently 200 homicide trials pending, and in 2020, our Most Dangerous Offender Project (MDOP) homicide DPAs were called to a record 146 homicide scenes. So far in 2021, there have been 42 homicide call outs in King County. Because jury trials were suspended for most of 2020 and because of the sharp increase in homicides in King County, the PAO will need additional resources to get our pending cases to trial, continue to assist in on-going investigations, and continue to respond to a record number of homicide “call outs”:

• 3 Senior DPAs (some homicide cases may require 2 Senior DPAs) • 2 Trial Paralegals • 2 Victim Advocates

C. Increased Plea Capacity

Superior Court has indicated that it intends to add two new plea court judges. On average, 75% of all cases in our criminal justice system resolve with a plea to charges as a result of the work of the PAO’s Early Plea Unit (EPU). EPU triages pending cases for early resolution, thereby by saving the criminal justice system the cost of court hearings, lengthy pre-trial detention (jail), and jury trials. Like trials, every plea to a criminal case requires a team of PAO employees to perform a variety of necessary functions:

EPU DPA: An experienced DPA can assess a case and a defendant’s criminal history to come up with an appropriate and equitable plea offer. This DPA meets (virtually) with defense counsel to discuss the various issues in the case. They will receive and review mitigation materials from defense. Oftentimes they are asked to work with a detective to follow up on an issue in dispute. They discuss the case with victims, who have a right to participate in the process under the Victim’s Bill of Rights. This DPA prepares the written offer, amends the charges, and reviews the plea paperwork. Victim Assistance Specialist – Restitution Investigator: Most crimes involve financial loss to the victim, so restitution is an important component to the majority of negotiated pleas. This staff member communicates with victims early in the process to collect and process information related to the victim’s financial losses. This information is then shared with the EPU deputy and becomes part of the negotiated settlement. Calendar Coverage DPA: This DPA covers all of the hearings in the plea/sentencing court. They will review the paperwork prior to court to ensure that the paperwork is in order. In court, they will conduct the colloquy with the defendant to ensure the plea is made knowingly, intelligently, and voluntarily. They will also conduct any sentencing hearings that take place contemporaneously with the plea (especially if the plea results in the immediate release of the defendant.) Sentencing Unit Staff: When a defendant enters a plea, a staff member needs to prepare the Judgement and Sentence. This is the official document that captures the judge’s ruling and is completed during a sentencing hearing.



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Victim Advocate: Advocates work with victims to explain the terms of a plea deal, ensure that the victim’s needs are satisfied, and to convey the victim’s concerns to the EPU DPA. Records Technician: A records technician is needed to handle the scheduling and preparation of the plea calendar. They also update the internal records to ensure that cases are properly categorized so no cases fall through the cracks.

Every plea equates to one less criminal trial. A single plea court can take approximately 10 pleas in a half day. If the court is running all day, five days a week, a single plea court can process approximately 400 pleas a month. Meanwhile, an EPU DPA can expect to resolve about 25 cases per month via plea; as a result, it requires 16 EPU DPA to meet the capacity of a single full-time plea court. In order to keep up with the Court’s intention to add two new plea judges/courts, the PAO the following additional resources:

• 24 EPU DPAs to generate offers, meet with defense attorneys, review evidence and mitigation materials

• 4 Victim Assistance Unit/Restitution Specialist Support Staff • 2 Calendar Coverage DPAs • 2 Sentencing Unit Support Staff • 4 Victim Advocates • 2 Records Technician Support Staff • 1 PbK Data Analyst/Case Manager • Various equipment needs (PbK licenses, laptops, etc. . .)

D. Backlog of Unfiled Felony Cases While the resources described above (for increased trials and pleas) are necessary to meet the Superior Court’s increased capacity, the PAO has obligations that go beyond trying and resolving cases. There are 3,300 unfiled felony cases. Of those, 600 have been reviewed and are ready to ready to be filed. However, 2,700 of those cases are “backlogged” and are currently awaiting review. This number has grown significantly in the past year because of COVID restrictions have greatly impacted how many people can appear in court Backlogged cases are at risk of becoming “stale,” which is problematic for all parties. Witnesses memories fade, victims fall out of touch, suspects and defendants cannot be located, and as a result, often fail to appear for court hearings. Our criminal justice system is most efficient when it addresses recent criminal conduct. For example, when a DPA is reviewing a criminal referral in “real time,” the PAO can readily assess if a case should be filed, diverted, or declined. Because thousands of cases are currently backlogged, those decisions are much more difficult. Additional DPAs and staff are necessary to dig out of the COVID backlog:

• 8 felony filing DPAs • 2 Senior DPAs/Filing Supervisors



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• 2 Victim Assistance Unit/Restitution Specialist Support Staff • 2 Case Development/Victim Advocates • 2 Filing Support Staff • 2 Records Technicians Support Staff • 1 PbK Data Analyst/Case Manager • Various equipment needs (PbK licenses, laptops, etc. . .)

E. Victim Support Funding to Clear Out Backlogged Property Crimes As the PAO works through its backlog of unfiled cases, there will be some cases where the victim, by law, is owed restitution. In many of those cases, if it were not for the out of pocket losses to the victim, the PAO may elect not to file charges and decline the case. As the PAO continues to work with the Executive Branch to launch the new Community Diversion Program (CDP) in early 2022, one observation is that some of these property cases would be eligible for CDP if it was currently up and running. If the PAO had access to a small fund of $25,000 to reimburse victims for out of pocket losses, it may be in a position to decline some of these low-level property crimes in lieu of traditional prosecution. In order to implement this type of practice as we work to launch CDP in January of 2022, the PAO will need the following resources:

• 1 Victim Advocate • $25,000 to restore/reimburse victims of crime for out of pocket losses

F. District Court – Increased Capacity for Calendars, Trials, Pleas, Infractions Since COVID-19, the number of District Court cases pending review has more than tripled. There are over 2,400 cases that need to be reviewed for filing. There are also a significant number of cases pending trial. In order to address pressing needs in Superior Court, some PAO resources have been shifted away from District Court. I District Court has indicated that it plans to add four new Court Commissioners to address its current backlog. District Court has also asked the PAO to assign a DPA to cover all infraction hearings and to produce all discovery relating to infractions, which the PAO currently does not handle. In order to meet the increased demands of additional District Court capacity, the PAO needs the following resources:

• 10 DPAs (4 for filing cases, 5 for trial/calendar coverage, 1 to cover infractions) • 4 EPU DPAs (Like Superior Court cases, most District Court cases are resolved by plea) • 1 Senior DPA/Supervising Attorney • 5 Paralegals (4 to cover 4 additional courtrooms, 1 to cover infractions) • 2 Legal Administrative Specialist (LAS) III Support Staff Positions • Various equipment needs (PbK licenses, laptops, etc. . .)



Page 6 G. Appellate Unit

In light of Superior Court’s intention to try an additional 74 Class A felony cases in the next 36 months, the PAO must also plan to cover any additional appellate work stemming from those additional cases. Each Class A appeal requires an experienced DPA to review the lengthy transcription of the trial record, conduct legal research, and draft a brief. On average, it takes an experienced DPA three to four weeks to reply to an appeal of a Class A felony trial. Paralegal services and supervision review are also necessary components to support appellate work. The PAO’s Appellate Unit also answers trial questions, assists with trial motions, and address other issues that arise in “real time” during the course of trials. This work is essential and helps to prevent reversals (on appeal) and mistrials. The PAO will need the following additional resources:

• 4 Senior DPAs • 1 Senior DPA/Supervising Attorney • 1 Paralegal • Various equipment needs (PbK licenses, laptops, etc . . .)

H. Superior Court’s COVID Safety Measures As the result of COVID, Superior Court has separated in-custody defendants (Courtroom E1201) from judges and prosecutors (Courtroom E955). As a result, the PAO has had to make some technological adjustments to accommodate the two locations. Having two locations requires one additional records technician in court (for a total of two), which the PAO does not have adequate staffing or funding. Having two locations has also added steps to the Court’s regular processes, which in turn, have created some delays in hearings. Adding in-court navigators would speed up hearings and ensure far more manageable (pre-COVID) workloads. The PAO will need the following resources:

• 2 LAS III Records Technicians Support Staff (one in SEA; one in Kent) • Various equipment needs (PbK licenses, laptops, etc. . . )

I. Felony Traffic Backlog The PAO has one dedicated DPA who handles all felony traffic cases, which include vehicular homicides and assaults. The felony traffic DPA files, negotiates, and tries the majority of these cases because of the specialized nature of this work. There are currently 113 felony traffic cases 16 traffic fatalities pending trial. There are also 55 felony traffic cases backlogged and awaiting review. COVID has severely impacted the resolution of these cases, and it is not possible to resolve this workload with just one dedicated DPA. To address this serious and specialized body of work, the PAO will need the following resources:

• 1 Senior DPA • 1 Paralegal • 1 Victim Advocate • Various equipment needs (PbK licenses, laptops, etc. . .)



Page 7 J. First Time DUI Diversion Program/DUI Court DUI’s make up approximately 65% of the District Court caseload. About 67% of those cases involve first time DUI offenders. Research reveals that a majority of first time DUI offenders never commit another offense. In an effort to address this significant body of work, the PAO is interested in piloting either a pre-filing or post-filing DUI diversion program for first time offenders. In either scenario, the PAO will need additional resources to staff and monitor these cases to ensure compliance. Holding first-time DUI offenders accountable outside of the normal criminal justice process is more effective, both in terms of cost and accountability, in light of this population’s historically low recidivism rates. In order to launch a pilot to determine if it is an effective way to address this significant body of work, the PAO will need the following resources:

• 2 DPAs • 1 Paralegal • 1 LAS III Support Staff • Financial resources to offer qualifying low-income participants low/no cost ADIS

(Alcohol Drug Information School) and IID (Ignition Interlock Device) • Various equipment needs (PbK licenses, laptops, etc. . .)

K. Protection Order Advocacy Program As the result of COVID-19, domestic violence abuse survivors – and their children -- have been literally trapped at home with their abusers. Stay at home orders reinforced isolation for many survivors and made it more difficult for survivors to access critical services. The PAO’s Protection Order Advocacy Program (POAP) worked quickly to partner with Legal Atoms (a tech company) to enable advocates to work side-by-side with survivors in a virtual platform to prepare protection order paperwork and develop supportive safety plans. This new technology is a critical tool and has undoubtedly saved lives. In order to continue this necessary tool and access as our Courts continue to safely maintain social distancing, which may be necessary for many more months, the PAO will need the following resources:

• Protection order technology platform and license (approximately $300,000 each year) • 1 LAS III (for PbK data entry) • 2 DV Protection Order Advocates (one in SEA and one in Kent) • Various equipment needs (PbK licensees, laptops, workstations and space, etc. . .)

L. 40-hour Work-Week Pay for Staff for 80 positions To work though the glut of trials and cases caused by COVID-19, it will require not only the hiring of new staff, but the expanded use of the expertise of our existing staff. PAO staff are paid for a 35-hour work week while DPD staff are paid on a 40-hour work week. In order to keep up with demands addressing the COVID backlog (i.e. assisting in more trials, processing more cases, preparing more discovery, etc. . .), the PAO will either need to pay current experienced staff overtime for hours worked over their normal 35 hour work week or work with the Teamsters to allow a temporary (and voluntary) increase to 40 hours for interested staff.



Page 8 Increasing some existing staff to 40 hours (commensurate with DPD) helps avoid more extensive use of overtime pay and guarantees the expertise/experience of our current staff. M. Project Safety The Office of Civil Legal Aid (OCLA) has provides pro bono emergency civil legal services to victims of domestic violence as part of “Project Safety” (which is housed in the PAO). OCLA’s funding for Project Safety is in jeopardy at a time when victim needs are at an all-time high. In order to continue to provide essential legal services to some of our community’s most marginalized individuals, the PAO is requesting funding to support 2 contract attorneys as part of Project Safety to serve the COVID-related needs of victims, including representation/advocacy in protection order hearings, family law matters, housing and eviction prevention, and a variety of other civil legal needs II. Criminal Division – Supreme Court Mandated Resentencing Work In recent months, the Washington State Supreme Court has issued rulings and the Washington State Legislature has passed new laws that require the PAO to resentence thousands of cases and process an estimated 50,000 petitions to vacate prior convictions. These mandates, which cannot be ignored, come at a time when our criminal justice system is already facing historic backlogs and court congestion due to COVID-19. Not only does the PAO lack the resources to address this body of work, but failing to devote additional resources to tackle this specific body of work will only serve to slow or dilute our efforts to dig out of post-COVID-19 backlogs. Furthermore, King County cannot ignore to postpone this body of work without liability for denying individuals’ constitutional rights. New, dedicated resentencing are needed immediately as the result of these recent decisions: State v. Blake The Washington State Supreme Court issued a decision in State v. Blake finding the possession of a controlled substances statute unconstitutional. In response, the PAO dismissed all pending cases in this category, and is in the process of reviewing and quashing all active warrants related to this category of cases. In addition, there is an estimated 750-1200 defendants (in King County) who are currently serving Department of Corrections (DOC) prison sentences, whose sentences are likely to be reduced as a result of the Blake decision2. And, there are approximately 50,000 defendants who are now entitled to a vacation of their King County conviction as the result of the Blake decision. Many of these individuals will also be entitled to a return of any payments made toward their financial obligations related to “Blake cases”. But Blake is not the only ruling that has mandated re-sentencings. State v. Ali In Ali, the Washington State Supreme Court ruled that a standard-range sentence in an “auto adult” case is unlawful unless the court makes an individualized determination that the adult sentence is constitutionally proportionate. This means that Superior Court will have to make this determination

2 This number does not include defendants who were in custody only on a Possession of a Controlled Substance, as they have already been released.



Page 9 and issue new sentences in hundreds of cases. All of these cases involve serious crimes of violence. In Re Personal Restraint of Monschke In Monschke, the Washington State Supreme Court extended the prohibition on Mandatory Life Without the Possibility of Parole (LWOP) for juveniles aged 18-21 years old. This decision will require resentencing in hundreds of King County cases SB 5228 SB 5288 mandates resentencing for any defendant who was sentenced to life sentence as a persisted offender (aka “Three Strikes and You’re Out”) if one of the three predicate felonies was a Robbery in the Second Degree. These are serious cases and will require special attention and victim outreach/notification as part of the PAO’s resentencing effort. In order to complete this new body of work mandated by the Washington State Supreme Court and recent changes to Washington state law, the PAO will need the following resources:

• 7 DPAs (4 for resentencing, 2 to vacate prior convictions, and 1 to review/quash warrants)

• 2 Paralegals • 1 Sentencing Unit Support Staff • 2 LAS III Support Staff • 2 Victim Advocates • Various equipment needs (PbK licenses, laptops, etc. . .)

III. Civil Division Needs The PAO is requesting 2 DPA positions and 1 paralegal to backfill and support 2 current Civil Division DPAs who have essentially foregone their regular work and are currently substantially dedicated and deployed to supporting King County COVID-19 response and mitigation work, including compliance with all legal requirements related to federal funding from CARES Act, American Rescue Plan, FEMA and Treasury’s Emergency Rental Assistance Program, among others, as well as state funding. In addition, several other DPAs in the Civil Division dedicated a substantial portion of their time supporting the implementation of federally funded programs for DCHS and DAJD Public Health. This work is complex and involves support and advice to numerous King County agencies, including the King County Council, from early program concept and design to eligibility assessment, to procurement and contract negotiation/finalization, and program/audit monitoring and response. Authorizing additional funding/FTEs for the Civil Division will also serve to reduce King County’s use of Pacifica Law Group, a private firm which has been hired to perform some of this work.



Page 10 IV. HR, IT and Finance Needs The PAO is requesting 9 FTEs to assist in the areas of HR, IT, and Finance to provide necessary support and services related to recruiting, interviewing, hiring, and supporting a considerable number of new FTEs required to address the increase in work related to COVID-19 backlogs and a new body of resentencing work. Attachment A: Estimated PAO Costs to Address Caseload and Operation Needs due to COVID-19

PAO Areas Needing Resources No. of positions

Costs July-Dec 2021

Costs 2022

Costs 2023

Costs Jan-June 2024

Costs 2021 - 2024

I. Criminal Division - pending cases and COVID-related backlog

134 11,842,447 21,637,349 21,988,496 11,212,133 66,680,426

II. Criminal Division - Supereme Court Mandated Resentencing Work

14 1,006,459 2,012,917 2,050,376 1,045,692 6,115,444

III. Civil Division Needs 3 234,598 469,197 477,981 243,770 1,425,546 IV. PAO IT, HR and Finance Needs 9 647,261 1,294,522 1,318,612 672,492 3,932,888 Grand Total 160 13,730,766 25,413,986 25,835,465 13,174,087 78,154,304


budget and fiscal management committee july 6, 2021 agenda

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