HomeMy WebLinkAboutord1993-044WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 93 -221
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
originator. Brenner
...vision Head:
6/09
6/22/93
Council /Intro
7/6/93
Council /Work Session
Dept. Head:
7/27/93
Council /Hearing
Prosecutor.
Purchasing/Budget:
Executive:
SUBJECT.'
Proposed charter amendment to change the County Executive from an elected position to an appointed County
Manager.
ATTACHMENTS:
Ordinance
SUMMARY STATEMENT.• Please complete sections of box as appropriate & explain the item below.
Related County contract #: N/A
Should Clerk schedule a hearing? NO YES X Requested date:
Amount budgeted for this item /project: $N /A
Is it or will it be within budget? YES NO Please explain below
Budget line item number(s):
This proposed charter change will make the County Executive a professional administrative position of County
lager that would be appointed by a majority vote of the entire County Council, rather than an elected
political position. The proposal would eliminate the provision of an Executive veto; enact a Legislative veto over
actions of the County Manager; and would have all appointments to boards and commissions made by elected
officials, not by a hired administrator. Under the proposal, the County Manager could be removed within 30 days
by a majority vote of the entire County Council, rather than through a recall process as would currently be the
case.
ORIGINATOR'S RECOMMENDED ACTION.•
Pass the ordinance and place it on the ballot for a public vote.
COMMITTEE ACTION TAKEN.-
COUNCIL ACTION TAKEN:
6/22/93: Introduced
7/6/93: Council work session: amended and forwarded for hearing
7/27/93: Council adopted the ordinance with amendments. 6 -0
Related File Numbers: Ordb mice or Resolution Number (this item only),Ord 93 -044
exe,Aord 07/21/93 SPONSORED BY: Consent
AMENDED 7/27/93 PROPOSED BY: Brenner
INTRODUCTION DATE: 622/93
1 ORDINANCE NO. 93 -044
2 AMENDMENT TO THE CHARTER TO BE SUBMITTED TO THE VOTERS
3 CHANGING THE COUNTY EXECUTIVE TO AN APPOINTED
4 COUNTY MANAGER
5 WHEREAS, members of the public, the administration, and the County Council
6 have recognized that the structure of county government is presenting problems that
7 hinder the effectiveness of government for the people of Whatcom County; and
8 WHEREAS, the current structure was patterned after the federal model, a
9 structure that inherently tends to foster conflict in governmental operations rather than
10 promoting efficiency and effectiveness; and
11 WHEREAS, the complexity of administering the day -to -day operations of a multi -
12 million dollar organization are best served by insuring that competent and
13 knowledgeable management direct such operations; and
14 WHEREAS, while under the current system a candidate must stand for election,
5 there are no professional requirements to serve as County Executive; and
16 WHEREAS, in the event where a County Executive were to misuse or mishandle
17 the responsibilities of the "office, the only method for removal involves a time consuming,
18 costly, and rigorous process of recall; and
19 WHEREAS, under the present system the County Council has little recourse over
20 administrative abuse, although the Council is the only perceived line of defense from
21 mismanagement because of its regular public meetings; and
22 WHEREAS, while the Council has seven members to provide checks and
23 balances against legislative abuse, the Executive has no such checks against
24 administrative mismanagement; and
25 WHEREAS, governments across the country have adopted and long prospered
26 under council /manager forms of government; and
27
28 WHEREAS, the Bellingham Herald, in an editorial last fall, cited its opinion that
29 the current system often leads to conflict and posturing resulting from political ambitions,
30 and that the interests of the citizens would be best served by having an appointed, rather
31 than elected, executive; and
As Revised By Council 716193 and Amended 7127193 Page 1
1 WHEREAS, some members of the County Council share the opinion that the
2 interests of the citizens would be best served by having an appointed, rather than
elected, executive; and
4 WHEREAS, a proposal has been developed that retains a strong administration,
5 as contemplated by the existing charter, and limits changes only to making the position
6 appointive while eliminating veto authority and responsibility for appointing citizens to
7 boards and commissions;
8 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
9 the issue of-amending the charter to provide for an appointed County Manager rather
10 than elected County Executive is a serious and noteworthy issue that deserves
11 consideration by the citizens of Whatcom County, and hereby puts forth the following
12 amendments for adoption by the voters:
13 Section 2.10 - Composition
14 The legislative power of the county not reserved to the people of te the GeHilty
15 e shall be vested in a County Council.
16 Section 2.20 - Powers
17 The County Council shall exercise its legislative power by adoption and enactment
18 of ordinances or resolutions. It shall have the power:
(a) To levy taxes, appropriate revenue and adopt budgets for the county.
20 (b) To establish the compensation to be paid to all county officers and employees
21 and to provide for the reimbursement of expenses, except that no council member may
22 receive a salary increase for the term of office during which the ordinance is adopted,
23 nor shall any council member receive a salary in excess of fifteen (15) percent of that of
24 the County Rxeetttive z.
25 (c) Except as otherwise provided for herein, to establish, abolish, combine and
26 divide by ordinance, non - elective administrative offices and executive departments and to
27 establish their powers and responsibilities.
28 (d) To adopt by ordinance comprehensive plans, including improvement plans for
29 the present and future development of the county.
30 The enumeration of particular legislative powers shall not be construed as limiting
31 the legislative powers of the County Council.
32 Section 2.24 - Relationship with Other Branches
As Revised By Council 716193 and Amended 7127193 Page 2
1 Except in the performance of its legislative functions under this Charter, the
2 County Council, its staff, and individual council members shall not interfere in the
administration of the emee�ve YZ and /or administrative branch or give orders to
4 or direct, either publicly or privately, any officer, or employee subject to the direction
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5 and supervision of the County Emeeutive or other elected official.
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6 Section 2.30 Ordinances
7 Every legislative act shall be.by ordinance.
8 The subject of every ordinance shall be clearly stated in the title, and no
9 ordinance shall contain more than one subject. Ordinances or summaries of them, the
10 places where copies are filed, and the times when they are available for inspection shall
11 be published when the ordinances are proposed and again upon enactment.
12 No ordinance shall be amended unless the new ordinance sets forth each
13 amended section or subsection at full length.
14 Ordinances may, by reference, adopt Washington State statutes, or any
15 recognized, printed codes or compilations, in whole or in part.
16 At least thirteen (13) days shall pass between the introduction and the final
17 passage of every ordinance, except emergency ordinances. Every ordinance shall be
4 introduced in its entirety in writing.
19
20 , the or-dinanee shall be Signed by the
21 ,
22 ,
23 , within thifty (30) days
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after-
27 , it shall beeeffle law witheut the Bxeettfiyes
28 she:
29 Except as otherwise provided in this Charter, all ordinances shall take effect ten
30 (10) days after the date they are enacted or
31 at a later date if stated in the ordinance.
32 Section 2.40 - Emergency Ordinances
33 An ordinance necessary for the immediate preservation of the public peace,
34 health, or safety or support of the county government and its existing institutions may be.
As Revised By Council 716193 and Amended 7127193 Page 3
1 passed by a two- thirds vote of the County Council, which shall be effective immediately
2 when approved by the County Exeett&e. No emergency ordinances may levy taxes, grant
renew or extend a franchise, regulate the rate charged by any utility or authorize the
4 borrowing of money for more than one hundred and twenty (120) days, An emergency
5 ordinance shall be introduced and passed in the manner prescribed for emergency
6 ordinances generally, except that the emergency and the facts creating it shall be stated
7 in a separate section of the emergency ordinance. The provisions of every ordinance,
8 except one making appropriations from an emergency reserve of borrowing money for
9 one hundred twenty (120) days or less, shall expire as of the sixty -first (61st) day
10 following the date on which the ordinance became law.
11 Section 2.50 - Resolutions
12 The County Council shall confirm or reject appointments by the County Exe brave
13 i within thirty (30) days of the date the name or names are submitted to it; may
14 pass' resolutions to organize and administer the legislative branch; may pass resolutions
15 to make declarations of policy which do not have the force of law and to request
16 information from any other agency of county government. Reselations shall not b-e
17 'the Council in passing resolutions need
18 not comply with the procedural requirements for the introduction, consideration and
19 adoption of ordinances.
Article 3 - The Exeeutiye -tzs Branch
21 Section 3.10 - Composition and Powers
22 The emeetitive - f"#� %� *SC branch shall be composed of the County
23 e, the County Assessor, the County Auditor, the County Treasurer, the Country
24 Sheriff, the officers and employees of administrative offices and executive departments
25 established by this charter or created by the county council and the members of boards
26 and commissions, except boards which have quasi-judicial powers. The emeetifive
27efr branch shall have all emeeutive rr''.v#ra'€�? powers of the county under
28 this Charter.
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29 Section 3.20 - The County e
30 The County Exeetifive ae is the Chief iec�sice 1?�nstkOfficer of
31 Whatcom County. :... :. .::...........................:
32 Section 3.21 - E'eefienr -Term of Office and Compensation
33 The County
&eettfive ' shall be
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34 the eeunty, and the
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As Revised By Council 716193 and Amended 7127193 Page 4
1 MOMEMMMMM.Me County ��e shall receive
2 compensation as determined by the County Council.
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13 Section 3.22 - Powers and Duties
14 As Chief Exeeufive Offleer, the Getinty Hxeettfive shall have all the exeetitn�
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16 this r�.aft .., ' the County �� tan :; shall have the pewef �rAorzt ::to:
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ON
(a) Supervise all administrative offices and executive departments established by
this charter or created by the County Council.
(b) Execute and enforce all ordinances and state statutes within the County.
(c) Present to the County Council an annual statement of the governmental affairs
of the county and any other report which may be deemed necessary.
(d) Prepare and present to the County Council budgets and a budget message
setting forth proposals for the county during the next fiscal year.
(e) Prepare and present to the County Council comprehensive plans including
capital improvement plans for the present and future development of the county.
(g Assign duties to administrative offices and executive departments which are
not specifically assigned by this Charter or by ordinance.
(h ) Sign or cause to be signed, on behalf of the county, all claims, deeds,
contracts and other instruments.
The specific statement oft . particular MAR powers shall
As Revised By Council 716193 and Amended 7127193
Page 5
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not be construed as limiting the emeeutive dii powers of the County €tee
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Section 3.23 - Appointments by County z :` a'nag� and Confirmation
The County e .;:_ shall appoint the chief officer of each executive
and administrative department and office, except all elected offices; and shall appeint the
The appointments by the County e .;: as shall be subject to confirmation by
a majority of the County Council. The County Rxeeutive ?:' ane may appoint a
confidential secretary and administrative assistant without Council confirmation. The
years. -T-ef fits of members „f beards and a shall be 1;FARea to +w.. (2
13 Section 3.25 - Qualifications
14 The chief officers appointed by the County ENeetitive shall be appointed
15 on the basis of their abilities, qualifications, integrity and prior experience concerning the
16 duties of the office to which they shall be appointed.
17
Y.
Elxeeative Exeeutive Tefflpefe
emeept fe
i powef to appoint
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25 Section 3.61 - Clerk of the Superior Court
26 The Clerk of the Superior Court shall be appointed by the County, e
27ti?r and confirmed by a majority of the County Council from a list of at least three
28 candidates submitted to them by the Superior Court Judges. Except as provided in this
29 section, the Clerk shall be subject to the personnel, budgeting, purchasing, property
30 control and records management systems as provided in this Charter or bay any
31 ordinance or resolution as the Council may direct.
32 Section 3.62 - County Medical Examiner
33 The County Medical Examiner shall be appointed by the County Exeeutive
As Revised By Council 716193 and Amended 7127193 Page 6
1 from applicants approved by the Whatcom County Medical Society and the
2 County Sheriff and shall be confirmed by the County Council. the Medical Examiner
shall have a M.D. or D.O. degree and be licensed to practice medicine in this state. The
4 Medical Examiner shall perform duties as prescribed by general law or by ordinances or
5 resolutions adopted by the Council and shall receive compensation as determined by the
6 Council. The Council shall declare by ordinance that the responsibility for property of
7 the deceased be delegated to an officer of the court or county other than the Medical
8 Examiner.
9 Section 4.10 - Election Procedures
10 Except as provided in this article, the nominating primaries and elections of the
11 Assessor, Auditor, Treasurer and Sheriff shall be conducted in accordance with general
12 law governing the elections of non - partisan county officers.
13 Nominating primaries and elections of the County Council and Exeeat shall be
14 conducted in accordance with general law governing the election of non - partisan county
15 officers.
16 Section 4.30 - Conflict of Interest
17 The County Council, Assessor. Auditor sheriff and
18 Prosecuting Attorney shall hold no other office or employment within county
Q government.
20 Section 5.10 - Direct Government
21 The people of Whatcom County reserve to themselves the power to make certain
22 proposals, at their option, and to enact or reject them at the polls, independent of the
23 County Council.
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initiated by ef fefer-r-e-d to the peeplc-
25 Section 6.10 - Presentation and Adoption of budgets
26 At least-seventy-five (75) days prior to the end of each fiscal year, the County
27 E- meetttive shall present to the County Council a complete budget and budget
28 message, proposed current expense and capital budget appropriation ordinances, and
29 proposed tax and revenue ordinances necessary to raise sufficient revenues to balance
30 the budget; and at least thirty (30) days prior to the end of the fiscal year, the Council
31 shall adopt appropriation, tax and revenue ordinances for the next fiscal year.
32 Section 6.20 - Budget Information
33 At least one hundred thirty -five (135) days prior to the end of the fiscal year, all
As Revised By Council 716193 and Amended 7127193 Page 7
1 agencies of county government shall submit to the County Ekeeutive ;:
2 information necessary to prepare the budget.
3 Section 6.30 - Contents of Budget
4 The budget shall include all funds, revenues and reserves; shall be divided into
5 categories, projects, and objects of expense and shall include supporting data deemed
6 advisable by the County Exeetttive HMO q y
:�� ": or required b ordinance; shall indicate as to
7 each category, project or object of expense the actual expenditures of the preceding fiscal
8 year, the estimated expenditures for the current fiscal year and requested appropriations
9 for the next fiscal year; and shall include the proposed capital improvement program for
10 the next six fiscal years. The expenditures included in the budget for the ensuing fiscal
11 year shall not exceed the estimated revenues.
12 6.41 - Budget Control
13 At the beginning of each quarterly period during the fiscal year, and more often if
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14 required, the County Exeeutive ,;...e shall submit to the County Council a written
15 report showing the relation between the estimated income and expenses and actual
16 income and expenses to date; and if it shall appear that the income is less than
17 anticipated, the Council may reduce appropriations, except amounts required to meet
18 contractual obligations and for debt, interest and other fixed charges, to such a degree as
19 may be necessary to keep expenditures within the cash income.
20 6.60 - Consideration and Adoption of the Budget
21 Prior to the adoption of any appropriation ordinances for the next fiscal year, the
22 County Council sh.all . hold a public hearing to consider the budget presented by the
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23 County Exeeutive ... shall hold any other hearin g s on the bud g et or any
24 part thereof that it deems advisable. The Council in considering the appropriation
25 ordinances proposed by the Exeetitive may delete or add items, may reduce or
: «;: < :::.:....... .
26 increase the proposed appropriations and may add provisions restricting the expenditure
27 of certain appropriations; but it shall not change the form of the proposed appropriation
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28 ordinance submitted by the Exee tfive a . The appropriation ordinances adopted
29 by the County Council shall not exceed the estimated revenues of the county for the next
30 fiscal year for each fund including surpluses and reserves, but the Council may increase
31 the amount of estimated revenues contained in the budget presented by the
32 by reestimating the amount by motion passes by a minimum of five (5)
33 affirmative votes or by creating additional sources of revenue which were not included in
34 the proposed tax and revenue ordinances presented by the Exeeatve MM.
35 6.71 - Contingency Appropriations
36 The annual budget ordinance shall include contingency funds which shall not be
As Revised By Council 716193 and Amended 7127193 Page 8
1 expended unless the County Ekeeutive .;: a certifies in writing that sufficient funds
2 are available and the County Council adopts an additional appropriation ordinance after
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being requested to do so by the � ?::., W.
.. U......
4 Seetien 6.73 Additional Capital Budget Appr-epr-iatiens
5 The Getinty Cetineil shall net adept an additional er- afnefided eapital budget.
:. -: so by the Gett"
8 Section 6.90 - Illegal Contracts
9 Except as otherwise provided by ordinance, any contract in excess of an
10 appropriation shall be null and void; and any officer, agent or employee of the county
11 knowingly responsible shall be personally liable to anyone damaged by that action. The
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12 County Council when requested to do so by the County Bxeeefiye nagr may adopt
13 an ordinance permitting the county to enter into contracts requiring the payment of
14 funds from appropriations of subsequent fiscal years, but real property shall not be
15 leased to the county for more than one year, unless it is included in a capital budget
16 appropriation ordinance.
17 Section 7.20 - Exemptions (Personnel System)
The provisions of this article shall apply to all county positions except:
19 (a) Contract employees.
20 (b) All volunteer members of boards and commissions appointed by the Geun4y
21 .
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22 (c) All elected county officers the County Council ole. .0 Y ,and no
23 more that two other persons in each elected officer's office, who shall be either their first
24 deputy or administrative assistant or confidential secretary, as designated by each officer.
25 (d) Other employees as may become necessary as determined by the County
26 Council.
27 Section 7.30 - Administration
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28 The County ;::;:: P Y
.:a�` 61 -shall administer the personnel system of the
29 county in accordance with the personnel rules adopted by the County Council by
30 ordinance.
As Revised By Council 716193 and Amended 7127193 Page 9
1 Section .8.23 - Amendments by the County Council
2 The County Council may propose amendments to the Charter by enacting an
ordinance to submit a proposed amendment to the voters at the next November general
4 election occurring at least ninety (90) days after enactment. A minimum of five (5)
5 affirmative votes shall be required to enact such an ordinance. An or-dinan
6 an amendment to the Chaftef shall net be stibjeet to thevete pewe the -e"
7 Rxeet•
8 Section 9.60 - Information Management
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9 The County ve .;` aria :- z shall establish procedures for maintaining a
10 modern, efficient system for processing, maintaining and disposing of information and
11 records; shall maintain a means to store and maintain, in retrievable manner, all county
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records which should not be destroyed and which are not necessary for the current
operation of county government; and shall provide needed services for all branches of
county government in a way that shall be deemed desirable for the efficient operation of
the county government.
These procedures shall be in compliance with general law and shall affect all
departments of the county, elected or appointed.
BE IT FURTHER ORDAINED, that upon approval by the voters this ordinance
shall become effective on January 1, 1996.
ADOPTED this 27th day of July , 1993.
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27 ATTEST:
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29 Ramona Reeves, Council Clerk
30 APPROVED AS TO FORM:
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Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUN , WASHINGTON
'1 em, Council Chair -
e�;av�
( ) Approved ( ) Denied
Shirley Van Zanten, Executive
Date:
As Revised By Council 716193 and Amended 7127193
Page 10