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DATE: July 1.9, 1979
ORDINANCE NO. 79-31
INTRODUCED BY: Roehl
PROPOSED BY: Prosecuting Atty
AN ORDINANCE RELATED TO THE ESTABLISH-
MENT OF PROCEDURE'S REGARDING INITIATIVES,
AN)') T-1ECALL
WHEREAS, the County Council recognized the importance of such
Inuring to the benefit of the citizens of Whatcort County and thus
establishes the following procedures to iriplement such processes.
NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED:
• SECTION 1: Purpose
This ordinance recognizes rights reserved to the people of
W County to propose certain measures at their option and to
enact or reject them at the polls, independent of the County Counci
In addition, it is recognized that the people of Whatcom County
have certain rights reserved to discharge a public official.
SECTION 2.. Procedures to propose and enact or amend an
o.-dinance by initiativeAand referendum
The following procedures sliall govern the processing of a
proposed initiativq/or referendum.
2.1 Initiative and Referendufi-i - Time Limits for
filing
Initiative and Refl-erendum measures proposed to be sumitted to
the people must bo filed with the County Auditor, and, further-
more, Referendum measures shall. be filed within :forty -five (45)
i days after the ordinance is passed by the County Council.
mini-Initiative measures proposed to the County Council with
accompanying petitions must be registered with the County Auditor.
2.2 Processing Proposed Measures,
Any legal voter, or organization of legal voters of Whatcoin
County may prepa-ce and file an initiative6or referendum measure
with the County Auditor, who within five (5) days excluding
SaLturday, Sunday and holidays, shall confer with the petitioner to
ordinance - I
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to review the proposed measure- as to form and style.
2.3 Form -- Petitions
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Each petition, at the
time of circulating, signing and registering shall consist of not
more than f-±v-e (5 -)- -she -t-s� of numbered lines and not more than �
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twenty (21) signatures on each sheet with the prescribed title A and
foram of petition on each sheet and a full, true and correct copy
of the proposed measure referred to therein printed.
The Auditor shall give the proposed initiative or referendum a
number which shall thereafter be the identifying number for the
measure and refer it to the Prosecuting Attorney.
2.4 Duty of the Prosecuting Attorney
Within ten (10) days after the receipt of an initiative or
j referendum, the Prosecuting Attorney shall formulate a concise
statement posed as a positive question, not to exceed twenty (20)
words which shall express and give a true and impartial statement
of the proposed of the measure. It shall not intentionally be an
argument or be likely to create prejudice, either for or against
the measure. Such consice statements will be the ballot title.
2.5 Ballot Title - Notice to the Proponents and
Appeal
Upon the filing of the ballot title for an initiative or
referendum measure, the Auditor shall notify the proponents of the
exact language of the statement.
Proponents dissatisfied with the ballot title formulated by
the Prosecuting Attorney have ten (10) days from the date of filing
of the title with the Whatcom County Auditor to appeal to the
Superior Court of Whatcom County.
2.6 Petitions, Signatures - Necessary
Following expiration of the ten (10) day period referred to
in Section 2.4, the petitioner shall have one hundred and twenty
(120) days to collect ;signatures of the registered voters of the
Ordinance - 2
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I County equal in number to not less than fifteen percent (15 %) of
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2 the number of votes cast in the Counter in the last gubernatorial �
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3 election. Each petition, shall. contain the full test of the pro -
4 pored measure, ordinance, or amendment to an ordinance, and the
5 ballot title.
6 2.7 Petition w- Acceptance or Rejection by Auditor
7 Upon receipt of an Initiative or Referendum petition, the
8 County Auditor shall verify the sufficiency of the signatures
9 on the petition and, if it is validated, submit the measure to
10 the people at the newt general Election that is not less than one
11 hundred twenty days (120) days after the registering of the petit:ior
12 for the measure, unless the County Council enacts the proposed
13 measure without change or amendment.
14 Decisions to refuse to validate pet -ition s may be reviewed by
15 the Superior Court within leer: (10) days after the refusal.
16 2.8 Adoption by Count i l of Substitute Initiative Measure
17 The County Council may enact a proposed initiative after such
18 petition has beeti validated and registered by the County Auditor.
19 In the events that the County Council does not adopt a proposed
20 measure and ,instead adopts a substitute measure concerning the
21 same subject, the substitute measure shall be placed on the saitie
22 ballot with the proposed initiative.
23 2.9 Voters- Requisites for Approval
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24 Validated initiative or referendum measures shall be approved
25 by a majority of the vote.
26 1 In the event that a proposed initiative and Council substitute
27 measure are placed on the ballot, the voter's shall be given the
2,3 choice of accepting or rejecting both and then shall be given the
29 choice of accepting one and rejecting the other.. If a majority
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30 of those voting on the first issue- is for accepting either,
31 ;:.hen the measure receiving the majority of the votes cast on the
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32 second issue shall.. be deemed approved. If the majority of those vot.
e
Ordinance - 3
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on the first issue is for rejecti.ig both, then neither measure
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shall be approved regardless of the vote on the second issue.
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2.10 Effect of Petition
The effect of the referendum measure is to reject any act,
measure, or portion of such measure which has been enacted by the
County Council. Upon registration and validation of a referendum
petition the previously enacted measure will be ineffective pending
the outcome of the referendum procedure. The registering of a
referendum petition against one or more items, sections or parts
of any act, bill, or ordinance will not delay the remainder of the
f measure from taking effect.
An approved initiative measure is to be given the same effect)
as any adopted ordinance. No ordinance enacted as a result of an
initiative shall be amended or repealed within two (2) years after
enactment except as a result of a subsequent initiative or refer-
endum.
2.1.1 Prohibition Veto
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The County Executive shall not have the power to veto
measures covered by initiatives and referendums.
2.12 Initiative - Referendum - Limitations and Applica-
bility
Referendum measures shall not be applicable to ordinances
enacted that may be necessary for the immediate preservation of
the public peace, health or safety or the support of the County
Government and its existing public institutions.
No initiative measures requiring the expenditures of addition
ironies for an existing activity or of any funds for a new activity
or purpose shall. be filed unless provisions are made specifically
therein for new or additional sources of revenue which may be
required.
SECTION 3: Mini - Initiative
An ordinance or amendment to an existing ordinance may be
Ordinance - 4
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proposed, 'r_o the County Council by i:egl- stering initii:at:ive petitions
and the Pr000sed measure with the County Auditor.
:3.1 �tin.i- Initiative -- Petiti.oix signature. -- Number
required.
Initiative Petition; must bear the signatures of qualified
voters equal in number to not less than three per cent (3 %) of
the number of votes cast in the County in the last gubernatorial
election.
3.2 Mina.- initiative - Public Hearing requirement
Upon verifying the sufficiency of the signatures, the
Auditor shall transmit the initiative etitions and proposed
measure to the Council which. shall %old a public hearing on the
proposed Ordinance and enact or reject the ordinance within sixty
(60) days.
3.3 Mini-- Initiat -i've - re-'ectecl Initiati_vr: to qualify
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as Minis - initiative
If a proposod Initiative measure fails to obtain the required
number of signatures, but gets sufficient signatures to qualify
as a mini °i.nitizitive,;it may be treated as a Mini. - initiative at the,
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I request of the proponent(s).
Section 4.0 Recall
The people further reserve the pourer of recall as provided
` in the Const'it:ut.iran and the laws of the State of Washington.
Section 5.0 General Provisions
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This ordinance is intended to be a supplement and a clarifi-
cation of the Whatcom County Home Rule Charter, existing statutes,
and Constitutional, provisions concerning subject matter tiereof.
If any Court shall find any portion of this chapter to be uncon-
stitutional. o otherwise invalid such findings shall not affect
the validity of all remaining protions o9: this e_h,a,pt.er o7hich can
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be `-:i:i..ven affect
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Passed this day of 0,k - 1979.
ATTEST: Joan Ogden
County Auditor and
Ex- officio Clerk of
the Council:
By:
Deputy
APPROVED AS TO FORM:
I I Lnzz L_
Phillip A. S rka
Deputy Prosecuting Attorney
( APPROVED
r
�'-
COLJNTY EXECUTIVE
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGT01v
C airperson.
{ ) VETOED DATE
DEFINITIONS OF TERMS USED ON ORDINANCE. RELATED TO THE ESTAB-
LISHMENT OF PROCEDURES REGARDING INITIATIVE, REFERENDUMS,
AND RECALL
Measure: "legislative enactment, statute, or law" (used to
refer to text of ordinance requested)
Proposed: "to set forth for consideration or acceptance" (used
only as a verb or adjective)
Petition: "document embodying a request - often signed by a
number of petitioners" (used for form with signatures -
that which voters sign)
Register.: "to record officially" (refers to recording petition
with signatures)
1ile_: "_o register, put. on public record" (used fc)r recording
measure wish on ballot befoe sic natures)
f,
ORDINANCE 79 -31
AS AMENDED
By ORDINANCE 80 -22
AN ORDINANCE RELATING_ TO THE ESTABLISHMENT OF PROCEDURES REGARDING
INITIATIVES, MINI - INITIATIVES, REFERENDA 9 RECALL
WHEREAS, the County Councit tcecogniza the importance o4 such inutci.ng to the bene4it
o4 the c t ze" o4 Whatcom County, and thus estabLL6ha the 4ottow.ing ptcocedutces to .im-
ptement such paocases;
NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED:
Section 1: Punpos e
This Ond.inance necognizes ki.gW keseued to the people o4 Whatcom County to ptcopose
cetrtain measutces at thei L option and to enact on ke9ect them at the poU6, .independent
o4 the County Councit and to ptcopose "Mini-Initiatives" d &ectey to the County Councit.
In addition, it .ins tcecognized that the people o4 Whatcom County have ceAtain kigW tce-
z etcv ed to dL6 chaAg e a pubac o 4 4.ic%ae .
Section 2: Pnocedut a to ptco po s e and enact on amend an ond.inance by initiative,
mini -.c ve on tie even um
The 4oteow,ing ptcocedutces .shat govvLn the pnocess.ing o4 a ptcoposed .initiative,
mini-initiative v e otL tie 4 vLendum :
2.1 Initiative and Re4vLendum - Time Limits 4on Filing
Initiative and Re4vLendum measuAes ptcoposed to be submitted to the people must
be 4ited with the County AuditotL, and, 4uAthmmone, Re4vLendum measutce�s sha t be
4it ed within 4o k#- 4 ive (4 5) days a4teA the otdinance ins passed by the County Councit.
Mini - initiative meausutcu ptcoposed to the County Councit with accompanying peti-
t(.o" must be tceg.i�steAed with the County Aud.iton.
2.2 Puce�m ing Ptcoposed Measukes
Any tegat voteh, on organization o4 tegae votm o4 Whatcom County may ptcepoAe
and 4ite an initiative, mini-initiative otL tce4 mendum m eas utce with the County Audi totL,
who, within 4ive (5) days exceud.ing Satutcday, Sunday and hotidays, 'shah con4eA with
the petitioneA to nev.iew the pupozed measuhe ass to 4o&m and styee.
2.3 Fvar - Pe ti tio"
Each petition at the time o4 cvccutating, signing and neg,i,steA ing shatt consist
o4 not move than one (.1) sheet o16 numbvLed tines and not mane than twenty (2 0 )
,s.ignatu,te s on each sheet with the pnets ctr i_bed tit-ee, except the mini-initiative which
does not tcequii Le a baP.t t ti fete, and 4otcm o4 petition on each sheet and a 4utt,
true and cwftect copy o4 the ptcoposed measutce ne4med to theAein ptinted.
The Aud.itotL sha t give the puposed initiative on tce4ehendum, except a m.ini-
.initi.ative, a numbetc which shalt thehea4tm be the .ident-i4y.ing numbm 4o)L the
measure and tce4en it to the Ptcosec.uti.ng Attotcney.
2.4 Duty o4 the Ptco.Secuti.ng Attorney
Within ten (10) days a4tvL the tcece ipt o4 an .initiative on tce4ehendum the
Ptcosecuti.ng Attotcney shalt 4otcmutate a concise statement posed as a positive que�s-
t-i.on, not to exceed twenty (20) woAds which shalt expness and give a true and
-%mpa,kti,at statement o4 the ptcoposed measutce. It shalt not .intent-iona ty be an
aAgument otL be t ike.ey to to ctceate ptce9udice, e-%thvL 4otL on against the measuke.
Such concise statements w&l be the ba tot thee.
2.5 Baieot T%te.e - Notice to the PiLoponenets and Appeat
Upon the 4iti.ng o4 the ba tot title 4otL an .initiative on tce4vLendum measulLe,
the Audi totL s haU not i.4 y the ptco po nentd o4 the exact Zan.guag e o4 the statement.
Ptcoponents din satin 4.ied with the ba tot ti tte 4oAmutated by the Ptcos ecuti.ng
Attotcney have ten (10) days 4tcom the date o4 4.i t%ng o4 the ti tte with the Whatcom
County Aud.itotL to appeal to the SupekioiL Coutct o4 Whatcom County.
2.6 Petitionz, Signatu&es - Necezza&y
Fottowing expiration o4 the ten (10) day pekiod &e4etctced to in Section 2.4,
the petitionett sha t have one hundred and twenty (120) days to coteect signatutces
o4 the &egiztetr.ed votm o4 the County equal in numbvL to not te�ss than 4.i4teen
pehcent (150 ) o4 the numbeh o4 voters cast in the County in the .east gubehnatoni.ae
etecti.on. Each petition shalt contain the 4uU text o4 the ptcoposed measuAe, ordinance,
on amendment to an otcd.inance, and the battot thee.
Otai.nance 79 -31 a3 amended by 80 -22
pag e 2
2.7 Petition - Acceptance oA Rejection by AuditoA
Upon receipt o4 an Initiative or Re4eAendum petition, the County Auditor
,sha t vexE4y the su44iciency o4 the s.ignature,s on the petition and, ,i4 it is vaP.i.dated,
,submit the measuAe to the people at the next geneAa2 eeection that is not Zers than
one hundred twenty days (120) days aJteA the.'AegisteAing ors the petition 4oA the
me"ure, untas the County Councit enacts the proposed me"ure without change or
amendment.
aeci 6ionz to re4u�s e to vatidate petit ionz may be reviewed by the SupeA for
Cou,kt within ten (10) days a�3teA the Ae4u�sa2.
2.8 Adoption by Councit o6 Substitute Initiative Me"ure
The County Councit may enact a proposed initiative a6teA such petition haz
been vaPidated and negistened by the County Auditor.
In the event that the County Councit does not adopt a proposed measure and
,i"tead adopt a substitute measure concerning the same subject, the substitute
measure shaU be placed on the same battot with the proposed .initiative.
2.9 Votetus - Requiz tez 6or Approval
Vati.dated initiative on ne6enendum meatuAm shaU be approved by a majority
o6 the vote.
In the event that a proposed initiative and Councit substitute measuAe are
placed on the ballot, the votetus zha t be given the choice o6 accepting or Aeject-i.ng
both and then shatt be given the choice o6 accepting one and neject-i.ng the other.
I6 a majoA ty o6 thoze voting on the 6iAzt i6zue is 6or accepting either, then the
measure Aeceiv:ing the majority o6 the vott� cast on the second .issue �sha.�. be deemed
approved. 16 the majoA ty o6 those voting on the 6iut ,issue is 6or neject-i.ng both,
then neither measune shatt be approved nega&dZess o6 the vote on the second ,issue.
2.10 E44ect o4 Petition
The e44ect o4 the re4eAendum measure is to reject any act, measure, or potct.ion
o6 such measure which haz been enacted by the County Councit. Upon registAat-i.on and
vati.dation o4 a Ae4erendum petition, the prev.iou�sty enacted me"WLe witz be ,ine44ec-
tive pending the outcome o4 the Ae4eAendum procedure. The reg-isteAi.ng o4 a re4erendum
petition against one or more ,items, sections or patrt�s o�l any act, bitt, or ordinance
Witt not deeay thA AemaindeA o4 the measure 4&om taking e44ect.
An approved initiative measure is to be given the same e44ect as any adopted
ordinance. No ordinance enacted ate a rezutt o6 an initiative shaa be amended oA
Repeated within two (2) yeaAz a4teA enactment except a's a tautt o4 a subsequent
.initiative or Ae4erendum.
2.11 Ptoh.ibit ion Veto
The County Executive: shaZt not have the power to veto mea wLm covered by
.initi.ative/s and re4erenda.
2.12 Initiative - Re4eAendum - L%mitat.io" and Appt icab,it ty
Re4eAendum mea5ure/s sha2t not be appticabte to ordinanca enacted that may
be nece,sufty 4oA the .immediate pre/seAvatton o4 the public peace, health or sa4ety
or the suppo,ct o4 the County Government and .items existing pubt.ic ,in.5titution5.
No initiative measmetequiAing the expend.iture/s o4 additionat moniels 4or an
existing activity or o4 any 4uncf6 4or a new activity or purpo .6e zhatt be 6ited
untms provizion,s cute made speci4ica.Pty theAein 4or new or additional sowLcels o4
revenue which may be requ iAed.
Section 3: Mini - Initiative
An Ordinance oA amendment to an existing ordinance may be proposed to the County
Councit by reg,isteA ing ,initiative petit ions and the proposed measure with the County
Auditor.
3.1 Mini- Initiative- Petition S,ignatuAm - NumbeA Required
Proponents o4 the mini - ,initiative shat have ten (10) days to 4 to a t 6ignatuAe6
4&om the date o4 the .initi.ae 4iting o4 s.ignatuAe/s with the County Auditor. The
Auditor Witt not begin vets i.4ying and counting s.ignatwLm untiz the 4.inat day 4or
4iting. The Auditor lsha Z vetri4y the lsu44.icieney o4 the s,ignatuAes within sixty
(60) days.
Initiative Petition.5 must beaA the s ignatuAe/s o4 quaff-i4.ied votetus equal in
number to not tm,s than thAee peAcent (30) o6 the number o6 voters cast in the County
in the ta3t gu&ernatoA ia2 eeeetion.
3.2 Mini-Initiative - Pubtie Hearing Requirement
Upon vexE4ying the su44iciency o4 the s.ignatuAe/s, the Auditor shaU tansm-it
the initiative petitions and proposed measuAe to the Councit which sha t ,intkoduce
the mini - ,initiative at the next AegutoA County Councit meeting. The Council sha t
in a.et instance, hotd a pubtic hea ing on the proposed ordinance and enact or
reject the ordinance within sixty (60) days o4 its ,introduction.
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Ordinance 79 -31 m amended by 80 -22
page 3
3.3 Mini-Initiative - Reject Initiative to quati y a6 Mini-Initiative
16 a proposed Initiative mea6uAe 6a%E6 to obtain the tequ Aed numbeA o4 .6ig-
natuAm , but gets z u � tic i ent .big natuAa to quaU y ass a mini -initiative, it may
be treated m a Mini-initiative at the nequat o� the ptoponent6 (.$) .
Section 4.0: Recatt
The Peopte 6uAtheA nesenve the power o6 neca.0 " provided in the Conzt tuti,on
and the tawz o� the State o� Wm h.i.ngto n.
Section 5.0: Genena2 PnoviAio"
Thy otdinance is intended to be a .6upptement and a clan i, i.cation o� the Whatcom
County Home Rute Chanter, exi,sti.ng .6tatuta, and Con.6t tutiona2 ptov.izions concutning
.6ubject matter heneo�. I� any Couht .6ha22 find any pont-ion o� thus chapter. to be uncon-
.6t.ituti,onat on othenwae invatid, .such finding.6 .6hatt not a��ect the vaUd-ity o� aU ne-
maining ponti.om o4 tW chapter which can be given a66ect.
Ordinance 79 -31' passed on August 16, 1979
On,dinance 80 -22 pazzed on Ap, ,U 17, 1980
DEFINITIONS OF TERMIS USED IN ORDINANCE
Me"uAe: tegistative enactment, .5taute, on taw (used to ne�)eA to text o� otdinance
te.quated
Pnopozed: to zet 4onth 4on consideration on acceptance (used only as a vehb on adjective)
PO on: document embodying a nequat - often .6 fined by a numbeA o� petitionem (uzed
ion �oAm with s.ignatu u - that which voteAA .6 i.gn)
Regizten: to necond o44icia ty (neJenz to necondi.ng petition with zignatu&ez)
1=ZFe to negateA, put on pubti.c record (cued ion necond-ing measuAe wah on battot
be�ote s.ignatunez )