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File ID: AB2019-634
File Created: 12/02/2019
Department:
Whatcom County
Agenda Bill Master Report
File Number: AB2019-634
Version: 1
Entered by:
File Type: Resolution
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Status: Approved
Assigned to: Council Final Action: 12/03/2019
Agenda Date: 12/03/2019 Enactment #: RES 2019-064
TITLE FOR AGENDA ITEM:
Resolution respectfully requesting that the Whatcom County Prosecutor ask the Washington State
Attorney General for an update on Opinion Docket No. 19-04-03
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Resolution respectfully requesting that the Whatcom County Prosecutor ask the Washington State
Attorney General for an update on Opinion Docket No. 19-04-03
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
12/03/2019 Council APPROVED
Aye: 5 Browne, Buchanan, Donovan, Frazey, and Sidhu
Nay: 2 Brenner, and Byrd
Absent: 0
Whatcom County Page 1 Printed on 121412019
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PROPOSED BY: BROWNE, DONOVAN
INTRODUCTION DATE: DECEMBER 3, 2019
RESOLUTION NO. 1019-064
7 RESPECTFULLY REQUESTING THAT THE WHATCOM COUNTY PROSECUTOR
8 ASK THE WASHINGTON STATE ATTORNEY GENERAL FOR AN UPDATE ON
9 OPINION DOCKET NO. 19-04-03
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12 WHEREAS, article II, section 7 of the Washington Constitution establishes the sole
13 qualifications for state legislative office: such persons must be citizens of the United States
14 and qualified voters in the district where he or she is selected; and
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16 WHEREAS, there is no law prohibiting sitting County Councilmembers and
17 Commissioners from standing for nomination for a Vacant position in Washington State
18 House of Representatives or Washington State Senate; and
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20 WHEREAS, yet for years Washington Attorney General Opinions culminating in AGO
21 1987 No. 21 have been used by one or more political parties to rule sitting County
22 Councilmembers and Commissioners ineligible to stand for nomination for vacant positions
23 in Washington State House of Representatives and/or Washington State Senate; and
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25 WHEREAS, in on February 12, 2019 in response to the confusion created during the
26 process to appoint someone to replace Senator Kevin Ranker the Whatcom County Council
27 passed Resolution AB2019-013 (attached) requesting the Whatcom County Prosecuting
28 Attorney seek an updated Attorney General's Opinion on the question of "Is a sitting county
29 commissioner or councilmember eligible for appointment to a vacant state legislative
30 position?"; and
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32 WHEREAS, the Whatcom County Council believes any current or future sitting
33 Councilmember who seeks nomination should be eligible for such provided they recuse him
34 or herself from any vote and discussion about filling that legislative vacancy; and
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36 WHEREAS, in April this year the Attorneys General opened a file and subsequently
37 started work on what is referred to as Opinion Docket No. 19-04-03; and
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39 WHEREAS, the recent resignation of Rep. Jeff Morris from his position in the 40th
40 Legislative District will require the Council to repeat the same process it did a year ago
41 sometime in the next few weeks; and
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43 WHEREAS, Rep. Morris' resignation has significantly increased the urgency
44 surrounding the questions raised in Opinion Docket No. 19-04-03 and the Whatcom County
45 Council is seeking clearer guidance as to how to proceed; and
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47 WHEREAS, therefore any rule prohibiting a sitting County Councilmember from
48 being appointed to the State Legislature often eliminates the most qualified candidates from
49 consideration for appointment, and is not in the best interests of the County's constituents;
50 and
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1 WHEREAS, the Whatcom County Council represents citizens in the 40th and 42nd
2 Districts and could be required to deal with another legislative appointment again in the
3 immediate future for any number of reasons (as Rep. Morris' resignation has shown); and
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5 NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council
6 respectfully request that the Whatcom County Prosecuting Attorney ask the Attorney
7 General for the State of Washington to provide an update on this matter without delay; and
9 BE IT FURTHER RESOLVED that the Whatcom County Council respectfully requests
10 the Whatcom County Prosecuting Attorney ask the Attorney General's office to expedite a
11 resolution by either: (a) publishing a new opinion that factors in the recent State Supreme
12 Court decisions, or (b) withdrawing the prior opinions pending the completion of the new
13 one.
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16 APPROVED qjj, §W 1WA1°1d4y of December 2019.
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23 Dana:rown-vs; erk e,, ouncil Rud Browne, Council Chair
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28 APPROVED AS TO FORM:
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33 Civil Deputy Prosecutor
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