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HomeMy WebLinkAboutSpecial Council January 30 20011 2 3 4 5 6 7 8 9 10 it 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 45 46 47 48 WHATCOM COUNTY COUNCIL Special County Council January 30, 2001 The meeting was called to order at 12:08 by Council Vice -Chair Sam Crawford in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Also Present: Dan McShane Connie Hoag Barbara Brenner Sam Crawford L. Ward Nelson Absent: Robert Imhof COUNCIL TO APPOINT MEMBERS TO SERVE ON THE 2001 DISTRICTING COMMITTEE (AB2001 -045) Dave Grant, Senior Civil Deputy Prosecutor, stated Article 2, Section 43 of the state constitution demands that periodically, every ten years, the state government has to form a commission to do election area redistricting according to recently obtained census information. The state constitution directs that a commission be comprised of two members from each of the two major political parties, defined as the two parties who have the most number of seats in the legislature. Brenner stated there is an argument that all major parties should be included. Grant stated the constitution only allows two major parties. He read the language from the constitution into the record. That provision is embodied in state law, the Revised Code of Washington (RCW) 44.05.030, which has the same language as the constitution. The two parties are those with the two highest numbers of seats for the legislature. The Secretary of State indicates that the two parties are the Republicans and the Democrats. He also talked to one of the assistant Attorney Generals (AG) assigned to the Secretary of State, who advised him that they have already selected their membership per constitutional requirement. They are Democrats and Republicans. The Libertarian party of this state was not included in the two commissions, under the Constitutional State Redistricting Act provision. The state also requires local governments to do redistricting per RCW 29.70.100. In the formation of the County Charter, section 4.41 provides that the County Council shall appoint four persons to the committee, two from each major political party. The language in the County Charter parallels the language in the state constitution and the State Redistricting Act. The intent is that the major parties comport with those determined under the constitutional and state legal requirements. Special County Council, 1/30/2001, Page 1 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 37 38 39 40 41 42 43 44 45 46 47 48 Crawford questioned whether the Libertarians are getting hung up on the term "major political party." The state is more specific in that it has to be the two parties with majority representation in the legislature. Grant stated that was correct. The Libertarians have "major political party" status for the purpose of Title 29 of the state code, which addresses election procedures. The only criteria for being a major political party for that purpose is that the party has to have different parameters or procedures to follow in determining what candidates will be proposed by the party and how the candidates can file for candidacy. A major political party can do things differently than minor parties or independents. The confusion stems from that aspect of the situation. The status is for a different purpose and is not regarding redistricting. Brenner stated it seems that the County Council doesn't have much of a purpose if the Democrats and Republicans pick the people. It is a waste of time. She asked the purpose. Grant stated the County Charter doesn't demand that the County Council appoint who the parties wish, only that four are appointed, two from each party. The parties are asked who they want to serve. Arguably, the County Council has the prerogative to choose anyone from the Republican Party or Democratic Party. Brenner stated the Council could appoint people who say they belong to one party or another. Grant stated the person has to belong to the party. The Council would have to ask the party of that particular person belongs. Dawson stated they need to abide by law as written. She nominated Todd Gunn and Les Reardanz to represent the Republican Party and the two unnamed people for the Democratic Party, which are to be named by next week. Hoag questioned whether the constitution only deals with the state's commission or if it also carries over to the local committee set up under RCW 29.70 and the County Council. Grant stated it doesn't explicitly do so, but it is clear to him that the framers of the County Charter paralleled that language and they must read it in harmony with the state law. If they don't want to go there, that is fine. Legally, if the Council chooses to interpret the County Charter differently, it is the Council's prerogative. Hoag asked if the state's requirement extends to the County at all. There is no reference to local requirements. Grant stated RCW 29.70.100 commands that the County will redistrict, but doesn't say how the committee or commission will be chosen. However it is clear to him that when the framers of the Charter paralleled the language from the state constitution and the State Redistricting Act, and the purposes are the same, one should try to read them in harmony with each other. To do so, this is the result they would achieve. If the majority of the Council doesn't want to go there, it is fine. Hoag asked if it is possible that the language at the state level is only directed at the State Redistricting Commission and isn't intended to govern local governments. Grant stated that is correct. The state redistricting requirement Special County Council, 1/30/2001, Page 2 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 37 38 39 40 41 42 43 44 45 46 47 48 under Chapter 29.70 tells the counties that they need to do it, but not how to select the committee. Hoag stated the County Charter only anticipates two major parties. She questioned whether they would appoint six members if there were three major political parties. Grant stated they are confusing the definitions. For the purpose of Article 2, Section 43 of the State Constitution, there isn't any creature called a major political party. It simply says that two people will be chosen from each of the two most populist parties in the state legislature. In drafting the County Charter, the people wanted to parallel that sentiment. They are the ones who used the term major political party. They have to interpret what the drafters of the County Charter had in mind. When they think about why they are doing this, it makes perfect sense that they are talking about the same two parties identified in state statutory requirements. Hoag stated the Charter doesn't limit it to two parties. Grant stated it does by requiring the selection of four members, two from each party. If the Libertarian Party perspective on being a "major political party" for the purpose of Title 29 puts them in the same status as a "major political party" for the purposes of the County Charter Section 4.41, they can do so. Let them come participate. Then, the Council would have to choose who not to allow to participate, the Republicans or the Democrats. Brenner stated the Whatcom County voters and people who framed the charter are an independent sort. She was not tied to the notion that it has to be two parties. She had a problem and was concerned that County government would create itself to be a monopoly. That's what happens when they allow only two parties and no one else. They are shutting the door on other parties that have standing. It goes against her nature to interpret that the law is meant for Democrats and Republicans. Crawford questioned whether the COTW can take an additional ten minutes of the Planning Committee's time. McShane agreed. Crawford restated the motion. Tom Spanos, Libertarian Party Chair, stated this is going on in each of the 49 counties in Washington State this week. There is a good legal argument that there is a limitation in the constitution about who should be appointed to the districting committees. They will challenge it in each of the counties. It is their right to be represented. Brenner asked if he believed there is a basis for a legal challenge. Spanos stated they have the same legal footing as a major party as the Republicans and Democrats. To be excluded is a violation of their rights and privileges. Special County Council, 1/30/2001, Page 3 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 37 38 39 40 41 42 43 44 45 46 47 48 Brenner asked how they see the breakdown occurring if the County Charter allows four representatives, two from each party. Grant stated the County Charter would have to be changed. Crawford asked how the Charter is changed. Brenner stated it is changed through a popular vote. Crawford asked how that is asked for. Nelson stated the County has to automatically review the County Charter every ten years or the Council can call for a vote of the public. McShane asked if it requires a supermajority of Council. Nelson stated it does. Grant stated if that if they change the County Charter so it is not in harmony with the state constitutional provision, the County will also hear legal arguments that the County is trying to do something that state law doesn't provide for. That is not an issue to worry about today. Brenner stated she couldn't support the motion. She would not vote for people who have not been submitted. She would support the two Republican nominees. Hoag stated she would support the Republicans who have come forward. Regarding the Democrats, it is not appropriate to appoint someone unnamed. Hold it. The Libertarian request points out a problem with the County Charter. If there are three major political parties in the County, it sets up a contradiction. Any way they go, they would not comply with the current County Charter. The nomination of the Republicans is consistent with state law and the County Charter. She suggested a friendly amendment to appoint only the two Republicans. Dawson did not accept the friendly amendment. She would not at any time dismiss any nominations from the Democratic Party. That is whom she would support. Otherwise, it is a slap in their face. It would also mean the Council has to come back again and vote for the Democratic nominees. Crawford agreed with Councilmember Dawson. He has every confidence that the Democratic Party would select people who are representative of the purposes and wishes of the Democratic Party. Brenner stated it's not about that. The Democratic Party may put forward three or four paid Democratic members who want to serve. Dawson stated she addressed it in her motion that the Democratic Party can only submit two names. Special County Council, 1/30/2001, Page 4 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 37 38 39 40 41 42 43 44 45 46 Brenner stated she would not support the motion. Nelson stated it is interesting when the Council, which is a nonparty entity, takes a position on which individuals a particular party may select. The law requires that the majority parties establish a committee to draw those district boundaries. Regarding the Libertarian issue, many parties file for elections in presidential and gubernatorial races. The law reflects that the major parties in the current position in the state legislature are represented. There are currently two majority parties in the state legislature. The position of the Council may be called rubberstamping, but it is more a reflection of a recognition that the parties have made their selection and the County Council is continuing with that process as required by the law in recognizing their selections. Brenner asked if the County Charter says the parties select the members or that the County Council selects the members. Grant stated the County Charter says that a five - member districting committee shall be appointed, and the County Council is to appoint four members, two members from each major political party. It doesn't say the County Council shall select the members, only appoint the members. Hoag stated she didn't have a problem with who the Democrats want to select. It is odd that the County Council would appoint someone not nominated. Motion carried 4 -2 with Hoag and Brenner opposed. ADJOURN The meeting adjourned at 12:40 p.m. Jill Nixon, Minutes Transcription These minutes were approved by Council on February 20, 2001. ATTEST: Dana Brown - Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Vice -Chair Special County Council, 1/30/2001, Page 5