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HomeMy WebLinkAboutord2010-045 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 143 B CLEARANCES . Initial Date Dvin Coup ci�fice Agenda Date Assigned to: Originator: Mann 3/24/2010 ' E n 3/30/2010 COTW/Introduction Division Head: MAR.. 2 4 2010 4 / 13 / 2010 COTW Dept. Head: ,.\ l cr3 ' ' fO . w �'4 ��i � CO 5 / 11 / 20 '10' ` COTW Prosecutor: COUNCIL� �� 5 / 25 / 2010 COTW " 'pit_ 6 / 08 / 2010 COTW Purchasing/Budget: _ 6/ 22 /2010 COTW 7/ 13 /2010 COTW Executive: 7/ 27/ 2010 COTW TITLE OF DOCUMENT: See Page Two Agenda Bill Sheet Ordinance amending WCC 2:03, Boards and Commissions ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: . SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: at this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Ordinance amending WCC 2.03, Boards and Commissions • • COMMITTEE ACTION: COUNCIL ACTION: : 3 / 30 / 2010 : Held in Committee 3 / 30 / 2010 : Pulled from Introduction 4 / 13 / 2010 : Not discussed . Held in Committee 4 / 13 / 2010 : Pulled from Introduction 5 / 11 / 2010 : Did not discuss . Held in See Page Two Agenda Bill Sheet committee 5 / 25 / 2010 : Not discussed . Held in committee 6 / 22 / 2010 : Not disussed . 7 / 13 / 2010 : Not discussed , held to a later date . Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord . 2010-045 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County 's website at: www. co. whatcom. wa. us/council. WHATCOM COUNTY COUNCIL AGENDA BILL NO. A 82010-143B (coned) CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Page Tivo of Agenda bill Originator: 8/10/2010 Special COTW Division Head: 9 / 28 / 2010 Introduction Dept. Head: 10 / 12 / 2010 Council Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT: Ordinance amending WCC 2. 03, Boards and Commissions ATTACHMENTS: • 1/8/10 Memorandum to County Council SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Ordinance amending WCC 2. 03, Boards and Commissions COMMITTEE ACTION: COUNCIL ACTION: 7/ 27/2010 : Held 9 / 28 / 2010 : Introduced 8/10/ 2010 : Amended . Ordinance to be drafted for 10/ 12 / 2010 : Council Amended & Adopted 6-0 , Introduction in September Knutzen out of the room Ord . 2010-045 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: AB2010-143 & AB2010-143A Ord . 2010-045 AB2010- 143C Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County 's website at: www. co. whatcom. wa. us/council. 2010 Ord\Amend WCC 2. 03, County Council SPONSORED BY : Consent PROPOSED BY : Ken Mann INTRODUCTION DATE : 3/ 30/2010 ORDINANCE NO . 2010-045 AMENDING WHATCOM COUNTY CODE 2 . 03, BOARDS AND COMMISSIONS WHEREAS , Whatcom County Code Section 2 . 03 sets forth guidelines for the appointment of councilmembers and non - councilmembers to boards , commissions, and committees ; and WHEREAS , amendments to Whatcom County Code 2 . 03 are necessary to allow for a change in the term of office expiration date for all appointments and to clarify the rules for appointment and re - appointment of non - councilmembers to boards , committees , or commissions . NOW , THEREFORE , BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 2 . 03 is hereby amended as indicated in Exhibit A to this ordinance . ADOPTED this 12th day of October , 2010 • ```�IIIIIItItllr , , , , NT �$ `s" • • • ° , WHATCOM COUNTY COUNCIL A `fE o m. ' 112 WHATCOM COUNTY, WASHINGTON saitniv ), t,;1 - Tat Itt [3ana c s n 16'v , •Cler# of the Council Say Crawford , Counci ( hair • . "NG1 ° • . 0 s . mos APPR EP WM1/4 ' • 'My Gib pro d ❑ Denied Civil Deputy Prosecutor Pete Kremen , County Executive Date : /OV/l-/O Page 1 Ordinance amending , 2.03 , Exhibit A, as adopted, clean EXHIBIT A ( Ordinance amending WCC 2 . 03 ) CHAPTER 2 . 03 BOARDS AND COMMISSIONS Sections : 2 . 03 . 010 ( Deleted , Ord . 2010 - 045 , Exh . A) 2 . 03 . 020 Terms . 2 . 03 . 025 Removal . 2 . 03 . 030 Limited terms . 2 . 03 . 040 Executive 's terms . 2 . 03 . 050 Effective date . 2 . 03 . 060 Appointment of non -councilmembers to boards , commissions and committees . 2 . 03 . 065 Appointment of planning commission members . 2 . 03 . 070 Confirmation of appointments . 2 . 03 . 075 Review of nominees and executive appointees . 2 . 03 . 080 Vacancies on citizen boards , committees and commissions . 2 . 03 . 090 Qualifications . 2 . 03 . 020 Terms. A . The term of office for the board of equalization shall be three years pursuant to RCW 84 . 48 . 026 . B . All other appointments to boards, committees and commissions of non - councilmembers made by the council shall be for a term no longer than four years . C . The terms of all appointments to boards , committees and commissions of non - councilmembers made by the council shall expire on January 31St of the specified year, except for those appointments made to fill an incomplete term in which case it shall be for the balance of that term . D . Term lengths for those members first appointed to newly created boards, committees and commissions shall be staggered so that the terms of future members do not expire on the same date . ( Ord . 2010 - 045 , Exh . A ; Ord . 2001 - 028 Exh . A ; Ord . 95 - 006 Exh . A ; Ord . 93 - 003 Attachment E ( part) ; Res . 83 - 19 ( part) ; Res . 80 - 13 § 1 ( part) ) . 2 . 03 . 025 Removal . In circumstances where the council has the authority to remove from office a member of a board , committee , or commission prior to the expiration of the board , committee or commission member's term of office , the council shall make such removal only upon the proper grounds specified in law . In the absence of such guidance in law , the council shall not remove a member from office without having given the member an opportunity to be heard by the council , if so requested . ( Ord . 2001 - 028 Exh . A ; Ord . 95 - 006 Exh . A ; Ord . 93 - 003 Attachment E ( part) ; Res . 83 - 19 ( part) ; Res . 80 - 13 § 1 ( part) ) . 2 . 03 . 030 Limited terms. A member may be appointed to serve up to two consecutive four-year terms , regardless of whether that member has served a first term of less than four years . No board , commission or committee member shall serve more than two consecutive full terms ; however, after serving two consecutive full terms a citizen may become eligible for re- appointment to a board , commission or committee after a one -year period of separation from the respective board , commission or committee on which he or she has previously served . ( Ord . 2010 - 045 , Exh . A ; Ord . 2001 - 028 Exh . A ; Ord . 95 - 006 Exh : A ; Ord . 93 - 003 Attachment E ( part) ; Res . 80 - 13 § 2 ) . Ordinance amending , 2 . 03, Exhibit A, as adopted, clean 2 . 03 . 040 Executive's terms . Those positions to which the county council appoints the executive to serve shall be for the executive 's term of office . ( Ord . 2001 - 028 Exh . A ; Ord . 95 - 006 Exh . A ; Ord . 93 - 003 Attachment E ( part) ; Res . 80 - 13 § 3 ) . 2 . 03 . 050 Effective date . The term of office limitations shall apply to all appointments made by the county council since May 1 , 1979 . ( Ord . 2001 - 028 Exh . A ; Ord . 95 - 006 Exh . A ; Ord . 93 - 003 Attachment E ( part) ; Res . 80 - 13 § 4) . 2 . 03 . 060 Appointment of non -councilmembers to boards, commissions and committees. For appointment by the council of non - councilmembers to those boards , commissions , and committees performing either an administrative or a legislative function , council shall publish vacancies on its website and include an application deadline of 4 : 00 p . m . on the day of the regularly scheduled council meeting at which nominations and possible vote to appoint are scheduled to occur. Councilmembers shall make nominations from the list of applicants at this same regularly scheduled council meeting . Nominations for appointment to any position having a residency requirement as to council district shall be made only by the councilmembers from the district or the councilmember at large . Appointment of the nominees shall occur by an affirmative roll - call vote by a majority of the entire council . In the case of only one applicant for a given vacancy , nomination and appointment by general consent may occur. ( Ord . 2010 - 045 , Exh . A ; Ord . 2001 - 028 Exh . A ; Ord . 95 - 006 Exh . A ; Ord . 93 - 003 Attachment E ( part) ; Ord . 91 - 030 ( part) ) . 2 . 03 . 065 Appointment of planning commission members. Council members will follow the procedure set forth in WCC 2 . 03 . 060 when making nominations and appointments to the planning commission . ( Ord . 2001 - 028 Exh . A ; Ord . 95 - 006 Exh . A ; Ord . 93 - 003 Attachment E ( part) ) . 2 . 03 . 070 Confirmation of executive appointments . A . Council confirmation of executive appointments shall be handled in the following manner : The executive shall present in writing to the council office no later than seven days before the council meeting at which action is requested , the names of his appointments, positions and terms to which they are to be appointed , information on the appointees ' qualifications or background , and any other information the executive deems appropriate , except in the case of executive appointments to executive and administrative offices, in which case , this information shall include a job description and a resume . This information shall also be made available upon request to the public . B . The council shall confirm or reject appointments by the county executive within 30 days of the date the names are submitted to it ; failure to act within this time period shall cause the appointees to be deemed confirmed . Confirmation or rejections shall be by an affirmative vote by a majority of the entire council ( Ord . 2010 - 045 , Exh . A ; Ord . 2001 - 028 Exh . A ; Ord . 95 - 006 Exh . A ; Ord . 93 - 003 Attachment E ( part) ; Ord . 91 - 030 ( part)) . 2 . 03 . 075 Review of nominees and executive appointees . A . Council members will individually be responsible for meeting or contacting individuals nominated to serve on a board , commission , or committee , and individuals whose appointment by the executive is scheduled for confirmation by the council , prior to the council 's consideration of the nomination or request for confirmation . Ordinance amending, 2 .03, Exhibit A, as adopted , clean B . The council chairperson may arrange for the council interview of the nominee o r the recommended executive appointee prior to the regularly scheduled council meeting at which appointment or confirmation will be considered . . C . The names of recommended appointees by the executive , and the names of n ominees by council members , shall be published on the agenda for the council meeting at which action is to be taken in filling a position or confirming an appointment . ( Ord . 2001 - 028 Exh . A ; Ord . 95 - 006 Exh . A) 2 . 03 . 080 Vacancies on citizen boards, committees and commissions. A . The clerk of the council shall cause to be compiled and published annually a listing of vacancies and anticipated vacancies on all citizen boards, committees and commissions, within the appointive jurisdiction of both the council and the executive . B . The listing shall state the title and term of office of each position , residency requirements ( if any ) , the appointing authority, and an address and telephone n umber for obtaining further information or for making applications . The listing shall also include a brief description of the duties of each position and information o n when the regular meetings of the body in question are held . C . The listing shall be posted in conspicuous places in the Courthouse , provided to all county council members, public libraries and city halls in the county , and be made available to the public and news media at no charge . D . Persons expressing an interest in applying for appointment to a council - appointed position on a board , commission or committee shall be given an application form which they must complete and file with the clerk, giving their n ame , address , telephone number, occupation and relevant qualifications . The applications shall be kept on file in the clerk's office . E . Persons expressing an interest in applying for appointment to an executive - appointed position on a board , commission or committee shall be given an application form which they must complete and file with the executive 's office , giving their name , address , telephone number, occupation and relevant qualifications . The applications shall be kept on file in the executive 's office . F . In fulfilling the obligations of this section , the clerk shall seek the cooperation of the executive and may accomplish his/her obligations through joint action with the executive 's office . ( Ord . 2001 - 028 Exh . A ; Ord . 95 - 006 Exh . A ; Ord . 91 - 030 ( part) ) . 2 . 03 . 090 Qualifications. To qualify for appointment by the council and/or executive to fill any vacancy on a board , committee or commission , a person shall be a qualified registered voter resident of the district, agency , or group he or she is appointed to represent on a specific board , committee or commission meeting all of the qualifications of Section 4 . 20 of the Whatcom County Charter. ( Ord . 2001 - 028 Exh . A ; Ord . 95 - 006 Exh . A ; Ord . 91 - 030 ( part) ) .