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HomeMy WebLinkAboutres2019-013Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 Agenda Bill Master Report File Number: AB2019-137 File ID: AB2019-137 Version: 2 Status: Approved File Created: 02/12/2019 Entered by: DBrown@co.whatcom.wa.us Department: Council Office File Type: Resolution First Assigned to: Council Finance and Administrative Services Committee Agenda Date: 02/26/2019 Next Mtg. Date: Hearing Date: TITLE FOR AGENDA ITEM: Resolution respectfully requesting that the Whatcom County Prosecutor ask the Washington State Attorney General to review and update opinions previously provided related to the eligibility of county council members and commissioners to be appointed to vacant legislative positions SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Resolution respectfully requesting that the Whatcom County Prosecutor ask the Washington State Attorney General to review and update opinions previously provided related to the eligibility of county council members and commissioners to be appointed to vacant legislative positions HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 02/12/2019 Council HELD IN COUNCIL Council 02/26/2019 Council Finance and Administrative RECOMMENDED FOR Services Committee APPROVAL 02/26/2019 Council APPROVED Attachments: Resolution Requesting AG's Opinion Re Filling Vacancies, Related Opinions Final Action: 02/26/2019 Enactment Date: 02/26/2019 Enactment #: RES 2019-013 Whatcom County Page 1 Printed on 212712019 I PROPOSED BY: BROWNE AND DONOVAN 2 INTRODUCTION DATE: FEBRUARY 12, 2019 3 4 5 RESOLUTION NO. 1019-013 6 7 RESPECTFULLY REQUESTING THAT THE WHATCOM COUNTY PROSECUTOR ASK THE 8 WASHINGTON STATE ATTORNEY GENERAL TO REVIEW AND UPDATE OPINIONS 9 PREVIOUSLY PROVIDED RELATED TO THE ELIGIBILITY OF COUNTY COUNCIL 10 MEMBERS AND COMMISSIONERS TO BE APPOINTED TO VACANT LEGISLATIVE 11 POSITIONS 12 13 WHEREAS, there is no law prohibiting sitting county councilmembers and 14 commissioners from standing for nomination for vacant positions in Washington State House 15 of Representatives or Washington State Senate; and 16 17 WHEREAS, over the last 30 plus years Washington Attorney General Opinions 18 numbered AGO 1965-66 No. 20, AGO 1973 No. 101, AGO 1985 No. 1, AGO 1985 No. 15 19 and AGO 1987 No. 21 (attached) have been individually or collectively been used by one or 20 more political parties to rule sitting county councilmembers and commissioners ineligible to 21 stand for nomination for vacant positions in Washington State House of Representatives 22 and/or Washington State Senate unless they resign prior to being nominated; and 23 24 WHEREAS, over the last 30 years subsequent Washington State Supreme Court 25 cases have provided further clarity on this issue; and 26 27 WHEREAS, a recent review by Pacifica Law Group (attached) conducted on behalf of 28 the Washington State Association of Counties concluded: 29 "A sitting county commissioner or councilmember should be eligible for appointment 30 to a vacant state legislative position. The Constitution enumerates the exclusive 31 eligibility requirements and process for filling a legislative vacancy and does not 32 preclude the appointment of a sitting commissioner or councilmember. No statutory 33 provision prohibits such appointment either. The Attorney General's earlier 34 conclusion that a common law rule would bar such appointments is in retrospect 35 mistaken. " and 36 37 WHEREAS, a recent review by the Skagit County Prosecuting Attorney's office 38 (attached) concluded: 39 "To require that a candidate not be a sitting Commissioner or Councilmember runs 40 contrary to the rule that the constitution sets the exclusive requirements for 41 eligibility and the strong presumption favoring eligibility. Any issues that may arise 42 due to incompatible offices would be resolved by a candidate's withdrawal from an 43 incompatible office after appointment." and 44 45 WHEREAS, the Whatcom County Council recognizes that fair democratic practices 46 allow any sitting City Council Member, Port Commissioner, Public Utility District 47 Commissioner, County Council Member, Conservation District Board Member, or other local 48 elected official who seeks nomination should be eligible for such, provided they recuse him 49 or herself from any vote and discussion about filling that legislative vacancy; and 50 51 WHEREAS, a political party that denies eligibility for appointment of any city council 52 member, port commissioner, public utility district commissioner, county council member, 53 conservation district board member, or any other local elected official who is a member of 54 that party, or who affiliates with that party, or has been certified by that party as a 55 candidate of that party, is denying those people of equal protection of the laws of this 56 country; and, 57 1 WHEREAS, Article II, Section 7 of the Washington Constitution establishes the 2 qualifications for state legislative office: such persons must be a citizen of the United States 3 and a qualified voter in the district where he or she is selected; and 4 5 WHEREAS, in Gerberding v. Munro and Parker v. Wyman, the Supreme Court held 6 that the Constitution establishes the exclusive qualifications for state legislative offices and 7 may not be added to by statute, and furthermore that no provision of the Constitution 8 prohibits a sitting county commissioner or councilmember from being eligible for 9 appointment nor precludes county commissions or councils from appointing one of their own 10 members; and 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 49 50 51 WHEREAS, therefore any rule prohibiting a sitting county council member from being appointed to the State Legislature often eliminates the most qualified candidates from consideration for appointment, and is not in the best interests of the county's constituents; and WHEREAS, the Whatcom County Council represents citizens in the 40th and 42nd Districts and could be required to deal with another legislative appointment again in the immediate future for any number of reasons. NOW, THEREFORE, BE IT RESOLVED that Whatcom County Council respectfully request that the Whatcom County Prosecuting Attorney ask the Attorney General for the State of Washington to review and update its previous opinion letters on the matter without delay. BE IT FINALLY RESOLVED that if such review does conclude that there any additional limitations or considerations (beyond the need for the nominee to recuse him or herself from any vote and discussion about filling that legislative vacancy) that would impact the eligibility of a sitting county council member from being nominated for appointment, that any and all options for curing such limitations or considerations are identified anq,inFluded in the Attorney General's response. w:' i�►aPF�©� DIN day of February , 2019AT WHAT O NTY COUNCIL yx� da f:vi C; )uK� t e q WHAT O O N , WASHINGTON ya u o� D"na rv+-D�v�F`{Ierk o e Council Rud B owne, Council Chair APPR VED AS O FORM Civil Deputy Prosecutor 2