HomeMy WebLinkAboutord2019-008Whatcom County COUNTY COURTHOUSE
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Bellingham, WA 98225-4038
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Agenda Bill Master Report
File Number: AB2019-067
File ID: AB2019-067 Version: 1 Status: Adopted
File Created: 01/09/2019 Entered by: DBrown@co.whatcom.wa.us
Department: Office of the Clerk File Type: Ordinance
First Assigned to: Council Finance and Administrative Services Committee
Agenda Date: Next Mtg. Date: Hearing Date:
TITLE FOR AGENDA ITEM:
Ordinance amending Whatcom County Code 2.03, Boards and Commissions
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Ordinance amending Whatcom County Code 2.03, Boards and Commissions
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
01/15/2019 Council Finance and Administrative RECOMMENDED FOR
Services Committee ADOPTION
01/15/2019 Council ADOPTED
Attachments: Proposed Ordinance for Action January 15, 2018
Sent To:
Final Action:
01/15/2019
Enactment Date:
01/15/2019
Enactment #:
ORD 2019-008
Whatcom County Page 1 Printed on 111612019
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PROPOSED BY:
INTRODUCTION DATE:
ORDINANCE NO. 2019-008
AMENDING WHATCOM COUNTY CODE (WCC) CHAPTER 2.03,
BOARDS AND COMMISSIONS
WHEREAS, membership requirements of Board of Equalization members are
specified in WCC Chapter 2.21 and RCW 84.48.010, and therefore can be removed from
WCC Chapter 2.03; and
WHEREAS, language in WCC 2.03 addresses term limits of various County advisory
board, commission, and committee members; and
WHEREAS, many County advisory boards and commissions include members who
are designated by their own agencies to represent their particular jurisdiction or County
department; and
WHEREAS, the term limit language of WCC 2.03 can be interpreted to apply to the
agency -designated representatives; and
WHEREAS, the County Council's intent is to allow jurisdictions to designate their
own representatives to boards, commissions, or committees without restricting terms.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Whatcom County Code Chapter 2.78 is hereby amended as outlined in Exhibit A to this
ordinance. i1,."
ApC3T)ED�I�i� 6`i5tp day of January , 2019.
w WHATCO UNCIL
ATT.. �'`` WHATCO U TY SHINGTON
Dana Bown-Davis,-Cf'e.r=k of-fhe Council Rud Bro` ne, Council Chair
,
P RO D A TO FO
Karen Frakes, Civil Deputy Prosecutor
WHATCOM CO TY EXECUTIVE
WHATCOM NTY. SHINGTON
Jack Louws, )tount ry Ex&utive
( ) App4ed r ( tl) Denied
Date Signed: _/
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EXHIBIT A
Chapter 2.03
BOARDS AND COMMISSIONS
Sections:
2.03.010 General.
2.03.020 Terms.
2.03.025 Removal.
2.03.030 Limited terms.
2.03.040 Executive's terms.
2.03.050 Effective date.
2.03.060 Appointment of non-councilmembers to boards, commissions and
committees.
2.03.065 Appointment of planning commission members.
2.03.070 Confirmation of executive appointments.
2.03.075 Review of nominees and executive appointees.
2.03.080 Vacancies on citizen boards, committees and commissions.
2.03.090 Qualifications.
2.03.010 General.
Recodified to WCC 2.02.095 by Ord. 2010-044.
The requirements of this Chapter shall not supersede the requirements specified in the
enabling ordinance for any board, commission, or committee.
2.03.020 Terms.
A. Appointments to boards, committees and commissions of non-councilmembers made by
the council shall be for a term no longer than four years, unless specified differently in the
enabling statute.
B. The terms of all appointments to boards, committees and commissions of non-
councilmembers made by the council shall expire on January 31st 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.
C. Term lengths for those members first appointed to boards, committees and commissions
that are newly created or are returning from hiatus with a majority or more of positions
vacant shall be staggered so that the terms of future members do not expire on the same
date. (Ord. 2016-074 Exh. A; Ord. 2010-045 Exh. A; Ord. 2001-028 Exh. A; Ord. 95-006
Exh. A; Ord. 93-003 Attachment E (part); Res. 83-19 (part); Res. 80-13 § 1 (part)).
2.03.025 Removal.
In circumstances where the council has the authority to remove from office a member of a
board, committee, or commission prior to the expiration of the board, committee or
commission member's term of office, the council shall make such removal only upon the
proper grounds specified in law. In the absence of such guidance in law, the council shall
not remove a member from office without having given the member an opportunity to be
heard by the council, if so requested. (Ord. 2010-045 Exh. A; Ord. 2001-028 Exh. A; Ord.
95-006 Exh. A; Ord. 93-003 Attachment E (part); Res. 83-19 (part); Res. 80-13 § 1 (part)).
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1 2.03.030 Limited terms.
2 A. A member may be appointed to serve up to two consecutive four-year terms, regardless
3 of whether that member has served a partial term of less than four years.
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5 B. No board, commission or committee member shall serve more than two consecutive full
6 terms; however, after serving two consecutive full terms a citizen may become eligible for
7 reappointment to a board, commission or committee after a one-year period of separation
8 from the respective board, commission or committee on which he or she has previously
9 served.
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11 C. Term limits do not apply to the annual appointment of Whatcom County Councilmembers
12 to various County and community boards, commissions, or committees, unless specified in
13 the enabling ordinance.
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15 (Ord. 2010-045 Exh. A; Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003
16 Attachment E (part); Res. 80-13 § 2).
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18 2.03.040 Executive's terms.
19 Those positions to which the county council appoints the executive to serve shall be for the
20 executive's term of office. (Ord. 2010-045 Exh. A; Ord. 2001-028 Exh. A; Ord. 95-006 Exh.
21 A; Ord. 93-003 Attachment E (part); Res. 80-13 § 3).
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23 2.03.050 Appointment of non-councilmembers to boards, commissions and
24 committees.
25 For appointment by the council of non-councilmembers to those boards, commissions and
26 committees performing either an administrative or a legislative function, the council shall
27 publish vacancies on its website and include an application deadline of 10:00 a.m. on
28 Tuesday of the week prior to the regularly scheduled council meeting at which nominations
29 and possible vote to appoint are scheduled to occur. Councilmembers shall make
30 nominations from the list of applicants at this same regularly scheduled council meeting.
31 Nominations for appointment to any position having a residency requirement as to council
32 district shall be made only by the councilmembers from the district or the councilmember at
33 large. Appointment of the nominees shall occur by an affirmative roll -call vote by a majority
34 of the entire council. In the case of only one applicant for a given vacancy, nomination and
35 appointment by general consent may occur. (Ord. 2014-044 Exh. A; Ord. 2010-045 Exh. A;
36 Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Ord. 91-030
37 (part)).
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39 2.03.060 Appointment of planning commission members.
40 Councilmembers will follow the procedure set forth in WCC 2.03.060 when making
41 nominations and appointments to the planning commission. (Ord. 2010-045 Exh. A; Ord.
42 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part)).
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44 2.03.070 Confirmation of executive appointments.
45 A. Council confirmation of executive appointments shall be handled in the following manner:
46 The executive shall present in writing to the council office, no later than seven days before
47 the council meeting at which action is requested, the names of his appointments, positions
48 and terms to which they are to be appointed, information on the appointees' qualifications
49 or background, and any other information the executive deems appropriate, except in the
50 case of executive appointments to executive and administrative offices, in which case, this
51 information shall include a job description and a resume. This information shall also be
52 made available upon request to the public.
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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 an
affirmative vote by a majority of the entire council. (Ord. 2010-045 Exh. A; Ord. 2001-028
Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Ord. 91-030 (part)).
2.03.080 Review of nominees and executive appointees.
A. Councilmembers 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.
B. The council chairperson may arrange for the council interview of the nominee or the
recommended executive appointee prior to the regularly scheduled council meeting at which
appointment or confirmation will be considered.
C. The names of recommended appointees by the executive, and the names of nominees by
councilmembers, 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. (Ord. 2010-045 Exh. A; Ord.
2001-028 Exh. A; Ord. 95-006 Exh. A)
2.03.090 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.
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. (Ord. 2017-007 Exh. A; Ord. 2010-045 Exh. A; Ord. 2001-028 Exh. A;
Ord. 95-006 Exh. A; Ord. 91-030 (part)).
2.03.100 Qualifications.
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1 To qualify for appointment by the council and/or executive to fill any vacancy on a board,
2 committee or commission, a person shall be a qualified registered voter resident of the
3 district, agency, or group he or she is appointed to represent on a specific board, committee
4 or commission, meeting all of the qualifications of Section 4.20 of the Whatcom County
5 Charter. Individuals who have declared candidacy (as defined in RCW 42.17A.005(7)) for a
6 paid elected office in any jurisdiction within the county are not eligible for appointment while
7 he or she is a candidate, but shall be eligible for: (A) appointment as the official
8 representative of an entity he or she is currently elected to, or (B) reappointment to
9 additional terms, as allowed by the Whatcom County Code, to the same board or committee
10 he or she was on prior to declaration of candidacy. (Ord. 2017-007 Exh. A; Ord. 2010-045
11 Exh. A; Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 91-030 (part)).
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