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Home My WebLink Aboutord2017-007WHA TCOM CO UNTY CO UNCIL A GENDA BILL NO. 2017 - 57 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Orizinator: Browne 1/30/2017 Irl � (CIE IE � rol p n E D v 2/7/2017 Introduction 2/21/2017 IEinance /Council Division Head: FEB 01 2017 -� gyp., Dept. Head: . WHATCOM COUNTY COUNCIL Prosecutor: 11-7 ' Purchasing /Budget: Executive: TITLE OF DOCUMENT: Ord amend WCC 2.03. 2.22, & 2.104 to Prohibit Appts. of Political Candidtates ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Ordinance amending Whatcom County Code 2.03, 2.22, and 2.104, to prohibit the appointment of declared political candidates to boards, committees and commissions and requiring resignation from the ethics commission and salary commission for members seeking an elected position within the County COMMITTEE ACTION.• COUNCIL ACTION.• 2/21/2017: Amended and forwarded to Council for approval 2/7/2017: Introduced 2/21/2017: Substitute amended and adopted 6 -1, Weimer opposed, Ordinance 2017 -007 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord. 2017 -007 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us /council. PROPOSED BY: BROWNE INTRODUCTION DATE: ORDINANCE NO. 2017 -007 AMENDING WHATCOM COUNTY CODE 2.03, 2.22 AND 2.104, TO PROHIBIT THE APPOINTMENT OF DECLARED POLITICAL CANDIDATES TO BOARDS, COMMITTEES AND COMMISSIONS AND REQUIRING RESIGNATION FROM THE ETHICS COMMISSION AND SALARY COMMISSION FOR MEMBERS SEEKING AN ELECTED POSITION WITHIN THE COUNTY WHEREAS, Whatcom County relies on dozens of boards, committees and commissions to provide financial oversight, policy recommendations and technical advice; and WHEREAS, many Whatcom County residents generously volunteer their time on boards, committees and commissions, providing much needed expertise and community input; and WHEREAS, boards, committees and commissions can provide meaningful government experience and may inspire individuals to serve their communities in elected positions; and WHEREAS, such experience can also be politically valuable for those seeking elected office; and WHEREAS, appointing declared candidates to boards, committees or commissions could be construed as an endorsement by the County government of the candidate; and WHEREAS, the County Council strives to abide by the intent and legal requirements of RCW 42.17A.555 (Use of public office or agency facilities in campaigns); and WHEREAS, the County Council does not want such appointments to be perceived as an endorsement by the County government of any candidate for an elected office; and WHEREAS, furthermore, members of Ethic Commission, which provide oversite of elected officials, must not be in a position where they could be expected to provide ethical oversight on themselves or their political opponents; and WHEREAS, in addition, members of the Salary Commission, which decide compensation for elected officials, should likewise not be in a position to influence their own future compensation. �%%jIIIIIIjjlf • ' NO,h . HE@Et0 E,,BE IT ORDAINED by the Whatcom County Council that the Whatcom County Code 2.03, 2. ?2 end 2.1r+r: amended as shown in Exhibit A. 110miary ADOP" -�� tL:J46 jdgy oI _ 2017. O CCUt4 .I HATCOM CQVNTY COUNCIL AT M , WA INGTON ti f t Dana Rroyv r- Davis!Glerk or the Council rry Lich aria n, Council Chair f I111111155�'�, WHATCO Y EXEC I E A PRQUED AST ORM: IN M CO U Ty W NI TON Civil Deputy Prosecutor Jack Louws, aunty Ex ( Approved ( ) Denied Date Signed: ...._. EXHIBIT A Whatcom County Code AMENDMENTS TITLE 2 ADMINISTRATION AND PERSONNEL Chapter 2.03 BOARDS AND COMMISSIONS 2.03.080 Vacancies on citizen boards, committees and commissions. A. 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. B. 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. C. The listing shall be posted in conspicuous places in the Courthouse, provided to all county councilmembers, public libraries and city halls in the county, and be made available to the public and news media at no charge. D. 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 to complete and file with the clerk, giving his or her name, address, telephone number, occupation and relevant qualifications. The applications shall be kept on file in the clerk's office. E. 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 to complete and file with the executive's office, giving his or her name, address, telephone number, occupation and relevant qualifications. The applications shall be kept on file in the executive's office. 1 F. In fulfilling the obligations of this section, the clerk shall seek the cooperation of the executive and may accomplish his or 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. Individuals who have declared candidacy (as defined in RCW 42.17A.005(7)) for a paid elected office in any jurisdiction within the county are not eligible for appointment while he or she is a candidate, but shall be eligible for: (a) appointment as the official representative of an entity he or she is currently elected to, or (b) reappointment to additional terms, as allowed by the Whatcom County Code, to the same board or committee he or she was on prior to declaration of candidacy. Chapter 2.22 WHATCOM COUNTY COMMISSION ON SALARIES FOR ELECTED OFFICIALS 2.22.040 Membership —Term of office. A. The commission shall consist of 10 members. Six members shall be selected by lot and appointed and confirmed as provided in subsection B of this section. The remaining four members shall be appointed and confirmed as provided in subsection C of this section. The members of the commission may not include any officer, official, candidate (as defined in RCW 42.17A.005(7)) for a paid elected office in any jurisdiction within the county, or employee of the county or any of his or her immediate family members. For the purposes of this section, "immediate family member" means parent, spouse, domestic partner, sibling, child, or dependent relative of an officer, official, or employee of the county, whether or not living in the same household. B. Six of the 10 commission members shall be selected by lot by the county auditor from among those registered voters eligible to vote at the time persons are selected for appointment to full terms on the commission. The county auditor shall establish policies and procedures for conducting the selection by lot. The policies and procedures shall include, but not be limited to, those for notifying persons selected and for providing a new selection if a person declines appointment or if, following the person's appointment, the person's position on the commission becomes vacant before the end of the person's term of office. The county auditor shall forward the names of persons selected under this subsection to the county executive who shall appoint those persons to the commission. Appointments made by the county executive shall be confirmed by the county council. C. Four of the 10 commission members shall be selected and appointed by the county executive and confirmed by the county council. The members under this subsection shall be residents of the county and shall all have experience in personnel management. Of these four members, one member shall be selected from each of the following fields of expertise: business, professional personnel management, legal profession, and organized labor. The county council may confirm or reject appointments made under this subsection. If the council rejects an appointment, the county executive shall promptly appoint another person meeting the requirements of this subsection. D. The members of the commission shall serve two -year terms, with his or her terms ending on December 31, 2014. Thereafter, all members shall serve for two years. No person may be appointed to more than two terms. Members of the commission may be removed by the county executive, with the approval of the county council, only for cause of incapacity, incompetence, neglect of duty, malfeasance in office, or for a disqualifying change of eligibility. Upon a vacancy in any position on the commission, a successor shall be appointed and confirmed to fill the unexpired term. The appointment and confirmation shall be concluded within 30 days of the date the position becomes vacant and shall be conducted in the same manner as the original appointment. (Ord. 2016 -026 Exh. A; Ord. 2012 -008 Exh. A). Chapter 2.104 CODE OF ETHICS 2.104.090 Membership — Term of office. A. The term of each member shall be four years without compensation, except that two of the new members appointed shall serve an initial term of two years, as determined by the drawing of lots. B. No person shall be eligible for appointment to more than two four -year terms, except as provided in subsection (C) of this section. C. An individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed for the unexpired term of the member he /she succeeds, but shall be eligible for appointment to two full four -year terms thereafter only if one year or less remains in the term he /she is appointed to fill. Any vacancy occurring on the commission shall be filled within 60 days in the manner in which that position was originally filled. A vacancy shall not impair the powers of the remaining members to exercise all the powers of the commission. D. Any member who declares candidacy (as defined in RCW 42.17A.005(7)) for elected county office must immediately resign his or her membership of the commission. 3