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HomeMy WebLinkAboutres1991-039WHATCOM COUNTY COUNC AGENDA BILL NO. 91 -168 CLEARANCES Initial Date Date Received in Council Office: Agenda Date Assigned To: Originator - Council 5/7/91 Council /COTW Division Head- 6/11/91 Council Department Head - Prosecutor Review - Purchasing/Budget Dir: Executive- SUBJECT: Resolution requiring that administrative policies of a legislative nature be forwarded to the Council Office for informational purposes ATTACHED OR ON FILE: - Resolution (On file: Memo from Council staff, dated 4/26; draft resolution) Public Hearing Needed? Yes /_,/N61�1 SUMMARY STATEMENT. Recently Council encountered two administrative policies that could (and perhaps should) have been enacted by the legislative branch of County government. The two policies (regarding wetlands and water availability) were enacted by the Administration as a result of the Growth Management Act as interim measures. This does not prohibit the Council from adopting ordinances or resolutions setting policy, and Council policies would supercede those of the Administration. However, there is no mechanism for informing Council of Administrative policies; see the memo for list of concerns. The draft resolution proposes to have the Administration provide the Council with all such policies /procedures /policy statements. This item was placed on the agenda at the Chairman's request. ORIGINATOR'S RECOMMENDED ACTION.• Council staff recommends Council consider introduction and passage of the resolutoin. COMMITTEE ACTION (including dates): COUNCIL ACTION (including dates): 5/7/91: Council asked that the draft resolution, which asked that all policies be forwarded, be revised to reflect that only policies of a legislative nature be forwarded. 6/11/91: Council approved Related File Numbers: Ordinance or Resolution Number. R E S 91- 0 3 9 policy.res 6/14/91 SPONSORED BY: Warner AMENDED 6/11/91 PROPOSED BY: Council Staff INTRODUCTION DATE: 5/7/91 RESOLUTION NO. g i -o 9 2 REQUESTING THAT ADMINISTRATIVE POLICIES OF A LEGISLATIVE NATURE 3 BE FORWARDED TO THE COUNCIL OFFICE FOR INFORMATIONAL PURPOSES 4 WHEREAS, where State Law is ambiguous or silent in regards to various issues, 5 Administrative departments of County government are unable to carry out the intent of 6 those laws without written policies in hand; and 7 WHEREAS, Administrative departments have the authority to prepare written 8 policies and procedures in these situations to interpret State Law, when the County Council 9 has not taken action to interpret them by ordinance or resolution; and 10 WHEREAS, because it is not directly involved in the day to day Administration of 11 the County, the County Council often is unaware of these policies and procedures; and 12 WHEREAS, policies, policy statements and procedures which implement and 13 interpret State Legislation, impose fines, fees or penalties, or in any other way affect County 14 citizens could be considered to be of a legislative nature; 15 WHEREAS, it would be useful and informative for the County Council to have a 16 copy of any written policy, policy statement, or procedure which may be legislative in nature; 17 NOW, TBEREFORE, BE IT RESOLVED by the Whatcom County Council that the 18 Council Office shall maintain an indexed registry of all County policies, procedures, or 19 policy statements which are Legislative in nature; and 20 BE IT FURTHER RESOLVED that, in order to facilitate maintenance of such a 21 registry, the Executive's Office is requested, within two working days of its implementation, 22 to forward a copy of any policy, procedure or policy statement which is of a Legislative 23 nature to the Council Office, unless such policy has already been approved by the Council. 24 APPROVED this 11th day of June. 1991. 25 26 ATTEST: 27 X-2,74 Zf 28 Ramona Reeves, Council rk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WAS GTON Daniel M. Warner, Chairman Revised 5/9/91 Page 1