Memorandum

City of Seattle
Jenny A. Durkan, Mayor
Date:

February 1, 2018

To:

Wayne Barnett, Executive Director Seattle Ethics and Elections Commission

From:

Ian Warner, Legal Counsel to the Mayor’s Office, 684-5452

Subject:

Kylie Rolf, Director of Major Initiatives - Request for Waiver
Waiver Period: May 12, 2017 to May 12, 2018

Background
Mayor Durkan appointed Kylie Rolf as the Director of Major Initiatives for the Mayor’s Office on
November 28, 2017. Prior to her City of Seattle (“City”) employment, Ms. Rolf was employed at Sound View
Strategies (“Sound View”) as the Public Affairs Director. She terminated her employment with Sound View
on May 12, 2017.
As Public Affairs Director at Sound View, Ms. Rolf’s role focused on coalition building, providing
communications support, government relations expertise and strategic planning. She worked on delivering
specific tasks and outcomes in the client’s scope of work and contract. In her new role as Director of Major
Initiatives, we expect Ms. Rolf may need to participate in matters that involve several of her previous clients,
which is the purpose of requesting this waiver.
It is my understanding based on SMC 4.16.070.A.2, past advisory opinions issued by the Seattle Ethics and
Elections Commission (“SEEC”), as well as your advice that if a waiver is approved, Ms. Rolf will be able to
participate in current matters that involve her prior firm and clients during the waiver period. For any future
and unanticipated matters involving her prior firm or clients, Ms. Rolf will request an additional waiver,
when and if, such matters arise.
Rationale For Request for Approval of Waiver
SMC 4.16.070.A.2 states, in relevant part:
A City employee may not “participate in a matter in which a person that employed the
covered individual in the preceding 12 months, or retained the covered individual or his
or her firm or partnership in the preceding 12 months, has a financial interest; provided,
however, that the Executive Director shall waive this section when:
a)

the covered individual’s appointing authority or the authority’s designee makes a
written determination that there is a compelling City need for the covered
individual to participate in a matter involving a prior employer or client, and
submits that determination with a written plan showing how the authority will
safeguard the City’s interests, and

 Memorandum

b)

the Executive Director determines that the authority’s plan is satisfactory.

Ms. Rolf is a member of the Mayor’s Executive team. Her role as Director of Major Initiatives involves many
of the Mayor’s highest priorities and encompasses participation in strategy meetings that may potentially
involve her previous clients. Specifically, there are current and on-going matters involving Ms. Rolf’s prior
clients - Lyft, Puget Sound Energy, Airbnb, Space Needle Corporation, Comcast and Seattle for All – that have
been determined by the Mayor’s Office may require Ms. Rolf’s participation as Director of Major Initiatives.
Specifically, Ms Rolf’s participation will likely include the following interactions with those clients:
•
•
•
•

Coordinating and executing external relations, outreach and community events
Participating in strategic planning and outreach
Facilitating stakeholder engagement efforts
Coalition or advisory group building

Why is it in the best interest of the City for Ms. Rolf to be involved in these issues identified as potential
areas of conflict of interest?
Ms. Rolf will be leading and coordinating complex policy initiatives that will involve robust participation from
both internal and external stakeholders. She will need to have the flexibility to have strategic conversations
with a variety of external individuals, organizations and businesses to advance the Mayor’s priorities. Her
specific skills, technical expertise and work experience with the issues involving her prior clients bring
unique benefits to her City role that in the short- and long-term will provide a great benefit to the city of
Seattle.
What measures will the Mayor’s Office implement to protect the City’s interest in this case?
The Mayor’s Office has a plan to recuse and delegate her responsibilities to Senior Deputy Mayor Mike Fong
if any current or reasonably foreseeable matters arise that involve Sound View or her prior clients. An
internal memo has been drafted that include the following measures to address any potential conflict of
interests:
1. Any direct consultant services selection, final decisions on changes in scope of work, budget or
schedule on existing or future contracts with her prior clients or prior employer will be performed by
other City staff, and specifically vetted by myself or Senior Deputy Mayor Mike Fong.
2. Ms. Rolf will recuse herself from conversations, meetings or negotiations related to bids submitted
by her prior clients or prior employer.
3. Any agreements with prior clients or prior employer that need to be negotiated, revised or
otherwise modified will be completed and executed by Senior Deputy Mayor Mike Fong.
In addition, Ms. Rolf will recuse herself from any direct discussions with her prior employer or clients
concerning policy decision-making involving Lyft, Puget Sound Energy, Airbnb, Space Needle Corporation,
Comcast and Seattle for All. Provided that, given Ms. Rolf’s important role in the Mayor’s Office, she will
continue to be involved in general policy discussions related to the City’s overall external relations and
outreach needs. This plan will remain in effect until the required 12-month period since her separation from
Sound View, which is May 12, 2018.
cc:

Kylie Rolf (via email)
Monica Martinez Simmons, City Clerk