HomeMy WebLinkAboutord2001-028WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 - 155
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Ong. Dept County Council
4130/2001
5/29/01
Introduction
Division Head:
6/12/01
Finance Council
Dept. Head:
Prosecutor:
Budget
aecutive:
SUBJECT:
Ordinance amending WCC Title 2.03, Boards & Commissions, re Term length/end date
ATTACHMENTS
Ordinance, Exhibit A, Exhibit B
SUMMARYSTATEMENT
Related County Contract #: I Should the Clerk schedule a hearing? (Y/N N Requested Date: I
This ordinance will amend Whatcom County Code Chapter 2.03 to allow term lengths of up to four years, which is consistent
with the Whatcom County Charter. This ordinance will also make the term end dates for all existing boards and committees
December 31 (except those boards and committees whose term end dates are set by statute). All newly - created boards and
ommissions will be required to designate December 31 as the term end date and stagger initial to= so positions do not all
expire on the same date, which has been the practice in the past. Last, added language will clarify that the first staggered term of
the fast appointees to newly - created boards and commissions is considered a full term, for the purpose of term limits.
RECOMMENDED MOTION (for final action):
Move to adopt the ordinance.
COUNCIL ACTION TAKEN:
2001- i55 5129/2001: Introduced
61122001: Adopted 1 -0, Ord. #2001 -028
Related File Numbers: Ordinance or Resolution Number (this item only):
)VD,*2001 -028
I I: \SHARED \0R0\2001\Amend Boards and Commissions
2
3
4
r,
6
7
8
9
10
1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
SPONSORED BY: Consen
PROPOSED BY: County Council Staff
INTRODUCTION DATE: 5/29/01
ORDINANCE NO. 2001 -028
AMENDING WHATCOM COUNTY CODE 2.03, BOARDS AND COMMISSIONS, TO
CLARIFY TERM LENGTH AND CREATE UNIFORM TERM ENDING DATES
WHEREAS, Whatcom County Code (WCC) 2.03.020, Terms, specifies that
appointment to a full term position on a board or commission shall be for four
years; and
WHEREAS, boards and commissions may be created and initial members
appointed at any time during the calendar year; and
WHEREAS, the County Council and County Executive staffs wish to maintain
a uniform and coordinated appointment procedure, per WCC 20.03.080(A), that
occurs at the end of each year; and
WHEREAS, mid -year appointments to newly formed boards and commissions
result in terms that either fall outside the annual appointment process timeline or
are longer or shorter than four years; and
WHEREAS, most board and commission member terms expire on December
31 of a specified year; and
WHEREAS, there are some terms that expire on dates other than December
31; and
WHEREAS, in order to create an efficient procedure for filling vacant board
and commission positions; all board and commission terms should end on
December 31 of a specified year, except those multi - jurisdictional boards and
commissions whose term end dates are set by state statute; and
WHEREAS, term lengths for those members first appointed to newly created
boards and commissions should be staggered so that the terms of future members
do not all expire on the same date; and
WHEREAS, the term
"full term" as used in
WCC 2.03.030,
Limited Terms, is
not defined for the purpose
of this chapter.
as
outlined in Exhibit A to this ordinance.
NOW,
THEREFORE, BE
IT
ORDAINED by the Whatcom County Council that
WCC 2.03 is
hereby amended
as
outlined in Exhibit A to this ordinance.
Page 1
2 BE IT FURTHER ORDAINED that the member terms of all County Council -
3 appointed and County Executive - appointed boards and commissions listed in Exhibit
a B to this ordinance shall expire on December 31 of the specified calendar year.
s
6 BE IT FINALLY ORDAINED that this ordinance will take effect on July 1, 2001.
7
8
9 ADOPTED this 12 day of June , 2001
10
11
12 WHATCOM COUNTY COUNCIL
19
20
21
22
R
2s
26
27
APPROVED AS TO FORM:
Civil D ty Prosecutor
Page 2
pproved Denied
ete Kremer, County Executive
I EXHIBIT A
5
Chapter 2.03
6
BOARDS AND COMMISSIONS
7
8
Sections:
9
2.03.010
Election.
10
2.03.020
Terms.
11
2.03.025
Removal.
12
2.03.030
Limited terms.
13
2.03.040
Executive's terms.
14
2.03.050
Effective date.
15
2.03.060
Appointment of non - council members to boards,
16
commissions and committees.
17
2.03.065
Appointment of planning commission members.
18
2.03.070
Confirmation of appointments.
19
2.03.075
Review of nominees and executive appointees.
20
2.03.080
Vacancies on citizen boards, committees and commissions.
21
2.03.090
Qualifications.
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
2.03.010 Election.
A. Each year at its annual meeting, the county council shall elect its
representatives who shall serve until the next annual meeting to
the various boards and commissions on which it must appoint its
own members to serve.
B. This annual election for one -year terms shall begin in January,
1981.
2.03.020 Terms
A.
38 B.
39
40
41
42
43
44
45
46
C.
The term of office for the board of equalization shall be three
years pursuant to RCW 84.48.026.
All other appointments to boards, committees and commissions of
non - council members made by the council shall be for a term no
longer than four years and„shallgezpire onj?gcembgr.31 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.
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.
Page 3
2 2.03.025 Removal.
4
In circumstances where the council has the authority to remove from
5
office a member of a board, committee, or commission prior to the
6
expiration of the board, committee or commission member's term of
7
office, the council shall make such removal only upon the proper
a
grounds specified in law. In the absence of such guidance in law, the
9
council shall not remove a member from office without having given
10
the member an opportunity to be heard by the council, if so requested.
11
12
2.03.030
Limited terms.
13
14
No board, commission or committee member shall serve more than
15
two consecutive full terms. The first term of all members appointed to
16
a newly: created board, commission or committee shall be considered a
17
full term for the purpose of thissection, regardless of initial staggered
18
term length.
19
20
2.03.040
Executive's terms.
21
22
Those positions to which the county council appoints the executive to
23
serve shall be for the executive's term of office
24
25
2.03.050
Effective date.
26
27
The term of office limitations shall apply to all appointments made by
28
the county council since May 11 1979.
29
30
2.03.060
Appointment of non - council members to boards, commissions
31
and committees.
33 For appointment by the council of non - council members to those
34 boards, commissions and committees performing either an
35 administrative or a legislative function, council members shall make
36 nominations and provide information about their nominees, in writing,
37 if possible, at a regularly scheduled council meeting. Nominations for
38 appointment to any position having a residency requirement as to
39 councilmanic district shall be made only by the council members from
40 the district or the council member at large. Voting on these
41 nominations shall be at the next regularly scheduled council meeting
42 unless the council, by a two - thirds vote, requests otherwise. Such
43 appointments shall be made by majority roll call vote of the council.
44
45
46
EM
1
2 2.03.065 Appointment of planning commission members.
3
4
5
6
7
8
9
1a
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Council members will follow the procedure set forth in WCC 2.03.060
when making nominations and appointments to the planning
commission.
2.03.070 Confirmation of 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
majority roll call vote.
2.03.075 Review of nominees and executive appointees.
Ml
36 B.
37
38
39
40 C.
41
42
43
44
45
46
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.
The council chairperson may arrange for the council interview of
the nominee or the recommended executive appointee prior to
the regularly schedule council meeting at which appointment or
confirmation will be considered.
The names of recommended appointees by the executive, and the
names of nominees 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.
Page 5
2 2.03.080 Vacancies on citizen boards, committees and commissions.
4
A.
5
6
7
9
B.
9
10
11
12
13
14
C.
15
16
17
18
D.
19
20
21
22
23
24
E.
25
26
27
28
29
30
31
F.
32
33
34
35
36
37
38
39
40
41
42
43
44
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.
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 number for obtaining further information
or for making applications. The listing shall also include a brief
description of the duties of each position and information on when
the regular meetings of the body in question are held.
The listing shall be posted in conspicuous plates 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.
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 name, address, telephone number,
occupation and relevant qualifications. The applications shall be
kept on file in the clerk's office.
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.
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.
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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
EXHIBIT B
BOARDS AND COMMISSIONS THAT EXPIRE ON DATES OTHER THAN
DECEMBER 31
COUNCIL - APPOINTED BOARDS AND COMMISSIONS:
Flood Control Zone District Advisory Committee..
Flood Control Sub -Zone Advisory Committees (3)
Horticultural Pest and Disease Board ..................
Property Review Committee ..............................
Surface Mining Advisory Committee ...................
Utilities Planning Board ...... ...............................
EXECUTIVE- APPOINTED BOARDS AND COMMISSIONS:
Current
Term
Expiration
Date:
1/28
...................1 /28
...................1 /31
....... ............................5/6
.. ............................... 6/13
.. ............................... 9/26
Agricultural Advisory Committee ........ ............................... ...........................9 /30
Americans with Disabilities Compliance Committee ............. ...........................5 /31
Bell ingham-Whatcom County Commission Against Domestic Violence ..............3 /31
Bicycle /Pedestrian Advisory Committee ............................. ...........................5 /29
Development Standards Technical Advisory Committee ....... ...........................6 /30
Essential Public Facilities Advisory Committee ...............members not yet appointed
EthicsCommission ............................................ ............................... 2/1 and 3/7
Lake Management District #1 ........... ............................... ...........................1 /28
Parks and Recreation Commission ..... ............................... ...........................6 /30
Salmon Habitat Restoration Citizen Advisory Committee ...... ...........................8 /31
Page 7