The URL can be used to link to this page

Home My WebLink Aboutord2009-029 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 - 185 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: c.-ta _ yl/a ?[ 1 i _ 3 / 31 / 09 Introduction -11 '�' rJ Division Head: 4/ 14 / 09 Hearing r t Introduced / Dept. Head: ` / ` MAR 2 b 2009 p 4 / 28 / 09 _ Hearing* Prosecutor 'e- 3 70 et WHATCOM COUNTY 5 / 12 / 09 Hearing COUNCIL Purchasing/Budget: Executive: P, 31s TITLE OF DOCUMENT:: ORDINANCE TO CLARIFY MINI-INITIATIVE LANGUAGE AND ENSURE CONSISTENCY BETWEEN THE WHATCOM COUNTY CHARTER AND THE WHATCOM COUNTY CODE (ELECTIONS) ATTACHMENTS: Ordinance SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( x ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: Next available after 13 days from introduction. 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.) This is a proposed ordinance to amend the Whatcom County Code to clarify procedures for the "Mini-initiative" under WCC 1 . 08 . 170 and to change the language of WCC 1 . 08 . 090 "Petition - Required number of signatures" . so that each conforms to language used in the County Charter. COMMITTEE ACTION: COUNCIL ACTION: 3 / 31 / 2009 : Introduced 4 / 14 / 2009 : Council Adoptedt7 - 0 ,,� � �,•�- rr Ord . 2009 -019 -71-4-74- 4 / 28 / 2009 : Council held for another public hearing on May 12 , 2009 with substitute version 4 / 28 / 2009 : Introduced substitute version 5 / 12 / 2009 : Council Adopted 7 - 0 Ord . 2009 -029 * 4 / 28 / 2009 : Second Hearing-Bellingham Herald did not run Public Notice on this item Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord . 2009 -029 ' 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. 1 SPONSORED BY : Consent 2 PROPOSED BY : County Auditor 3 INTRODUCTION DATE : April 28 , 2009 4 5 ORDINANCE NO . 2009 - 029 6 7 AMENDING WHATCOM COUNTY CODE 1 . 08 . 170 AND 1 . 08. 090 8 TO CLARIFY MINI- INITIATIVE LANGUAGE 9 10 WHEREAS, the Whatcom County Charter, Article 5 , and specifically Section 5 . 41 , is the 11 enabling legislation for initiative procedures, including the " mini - initiative" ; and 12 13 WHEREAS, the Whatcom County Code implements the mini - initiative in WCC Sections 14 1 . 08 . 160 - 1 . 08 . 190 ; and 15 16 WHEREAS, differences between the language of the Charter and the Code make the 17 procedures for the mini - initiative somewhat difficult to understand ; and 18 19 WHEREAS, the Whatcom County Auditor has recommended clarifying the language so 20 that citizens can better understand the mini - initiative process ; and 21 22 WHEREAS, Whatcom County Code section 1 . 08 . 090 calculates required initiative and 23 referendum signatures based upon the last gubernatorial election in conflict with the more 24 authoritative Whatcom County Charter Section 5 . 40 , which requires signatures based upon the 25 last general election . 26 27 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom 28 County Code Sections 1 . 08 . 170 and 1 . 08 . 090 are hereby amended as outlined in Exhibit A to 29 this ordinance . 30 31 BE IT FURTHER ORDAINED that any mini - initiative proposal filed with the County 32 • Auditor prior to the effective date of this ordinance shall be processed under the mini - initiative 33 requirements in place at the time the proposal was submitted . 34 Agra tt i i l i r r r i 35 Ottp 01,2 th day of May , 2009 . 36 + • 41 37 ' ' .• • ' "' t ' 6'p • •Cj '•• WHATCOM COUNTY COUNCIL• 38 ?' toUN " 'Cr : WHATCO 0 NTY, SH NGTON 39 " _ - 1s 41 Dana B1-q j tt:� : i ', . - r- k of he Council - - Fleetwo .. . , Council Chair 43 APPF3,OVE & ? 1GFt3RM • ��` WHATCOM COUNTY EXECUTIVE 44 � ', r ' tt �t�`� l$. WHATCOM COUNTY, WASHINGTON 46 �� "� 47 r 48 Civil Deput Prosecutor Pete Kremen , County Executive 49 50 (roved ( ) Denied 51 g S/ x/04, 52 Date Signed : 53 1 EXHIBIT A 2 (ordinance amending mini initiative language) 3 4 1 . 08 . 170 Mini - initiative - Requirements. 5 A . Any legal voter or organization of legal voters of Whatcom County may file a mini - 6 initiative proposal with the County Auditor, who within five ( 5 ) days , excluding 7 Saturday , Sunday and holidays , shall confer with the petitioner to review the proposal 8 as to form and style . The Auditor shall give the proposed mini - initiative a number, 9 which shall thereafter be the identifying number for the mini - initiative . The Auditor 10 shall then transmit a copy of the proposal to the petitioner who has one hundred and 11 twenty ( 120 ) days to collect the signatures of registered voters of the county equal in 12 number to not less than three ( 3 ) percent of the number of votes cast in the county in 13 the last gubernatorial election . The one hundred and twenty ( 120 ) day period shall 14 begin upon receipt of official notification to petitioner(s) by the Auditor' s Office either by 15 certified mail or messenger. 16 17 B . The original proponent or his designee may turn in signatures at any time within the 18 one hundred and twenty ( 120 ) day signature -gathering period . After the initial filing , 19 the proponents can continue to turn in signatures for an additional thirty ( 30 ) days, but 20 in no case shall additional petition signatures be submitted after the initial one hundred 21 and twenty ( 120 ) day signature collection period . Upon receipt of petitions containing 22 more than the required number of signatures for validation , the Auditor shall verify the 23 sufficiency of the signatures within 60 days . 24 25 C . Initiative petitions must bear the signatures of qualified voters equal in number to 26 not less than three percent of the number of votes cast in the county in the last 27 gubernatorial election . ( Ord . 80 - 22 § 5 ; Ord . 79 - 31 § 3 . 1 ) . 28 1 . 08 . 090 Petition - Required number of signatures. 29 Following expiration of the 10 - day period referred to in WCC 1 . 08 . 070 , the petitioner 30 shall have 120 days to collect signatures of the registered voters of the county equal in 31 number to not less than 15 percent of the number of votes cast in the county in the last 32 general election . Each petition shall contain the full text of the proposed measure , 33 ordinance , or amendment to an ordinance , and the ballot title . ( Ord . 79 - 31 § 2 . 6 ) .