HomeMy WebLinkAboutord2023-082strikeWhatcom County
Agenda Bill Report
File Number: AB2023-775
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
File ID:
AB2023-775 Version: 1
Status: Adopted
File Created:
11/14/2023 Entered by: DBrown@co.whatcom.wa.us
Department:
Council Office File Type: Ordinance
Assigned to:
Council Committee of the Whole
Final Action: 12/05/2023
Agenda Date:
12/05/2023
Enactment #: ORD
2023-082
Related Files:
Primary Contact Email: DBrown@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance amending Whatcom County Code Chapter 2.03, Boards and Commissions
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
This ordinance amends Whatcom County Code 2.03, Boards and Commissions, to better ensure
equal access to opportunities for individuals living in the county to participate in County
government and its decision -making process.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
11/21/2023 Council
SUBSTITUTE Council Committee of the Whole
INTRODUCED
Aye:
5 Buchanan, Donovan, Frazey, Galloway, and Kershner
Nay:
1 Elenbaas
Absent:
1 Byrd
12/05/2023 Council Committee of the Whole
RECOMMENDED FOR
ADOPTION
Aye:
5 Buchanan, Byrd, Donovan, Frazey, and Galloway
Nay:
2 Elenbaas, and Kershner
12/05/2023 Council
ADOPTED
Aye:
5 Buchanan, Byrd, Donovan, Frazey, and Galloway
Nay:
2 Elenbaas, and Kershner
Whatcom County Page 1 Printed on 121612023
Agenda Bill Report Continued (AB2023-775)
Attachments: Revised Substitute Ordinance (for 12.5 Consideration)
Whatcom County Page 2 Printed on 121612023
1 PROPOSED BY: GALLOWAY, FRAZEY
2 INTRODUCTION DATE: 11/21/2023
3
4
5 ORDINANCE NO. 2023-082
6
7 AMENDING WHATCOM COUNTY CODE CHAPTER 2.03 BOARD AND COMMISSIONS
8
9 WHEREAS, Whatcom County values community engagement in civic spaces and
10 community driven policymaking; and
11
12 WHEREAS, Whatcom County seeks to ensure equal access to opportunities for
13 people living in the county to participate in civic spaces; and
14
15 WHEREAS, Whatcom County Ordinance 2021-16 states "Whatcom County residents
16 value all people without regard to race, color, creed, religion, national origin, sex, sexual
17 orientation, gender identity or expression, age, marital status, neurodiversity, disability,
18 political affiliation, or veteran status"; and
19
20 WHEREAS, Whatcom County empanels advisory groups such as boards,
21 committees, commissions, and taskforces to create a conduit for community members to
22 provide critical information, insights, and advice on a broad range of issues, policies, and
23 programs to support informed decision making by elected officials and County staff; and
24
25 WHEREAS, the Max 2023 Assessment of Ad_v_isoryGroups Convened by Whatcom
26 County Health and Community Services identified the top three reasons why community
27 members have chosen to serve on an advisory group, which include:
28 1) Desire to "serve the community" (88%),
29 2) "Be part of informed discussion that leads to program improvement" (78%), and
30 3) "Advocate for local and state regulatory and policy changes" (69%); and
31
32 WHEREAS, Whatcom County seeks to ensure equal opportunity for engagement in
33 County advisory groups to all individuals living in the county; and
34
35 WHEREAS, County Code 2.03.100 currently requires a person be both a registered
36 voter and U.S. citizen to participate in advisory groups prohibiting interested individuals who
37 otherwise meet the qualifications outlined in an advisory group's enabling ordinance,
38 resolution, or interlocal agreement from civically engaging in these spaces; and
39
40 WHEREAS, in March 2022, the Child and Family Well -Being Task Force published its
41 Phase I_I Report, which includes priorities to increase family involvement in County .
42 government processes and decision -making with a specific recommendation to "eliminate
43 voter registration and U.S. citizenship requirements for participation on county government
44 volunteer committees, boards, commissions, or task forces"; and
45
46 WHEREAS, these amendments to WCC 2.03 are consistent with Resolution 2023-
47 0 t9, Whatcom County Code Language Revisions to Address Equity, Diversity and Inclusion;
48 and
49
50 WHEREAS, the Whatcom County Council recommends any proposed, amended,
51 updated, or adopted ordinances, resolutions, and interlocal agreements establishing and
52 enabling advisory groups should remove language referencing any requirements for a
53 person to be a registered voter and/or U.S. citizen in order to participate in advisory
54 groups; and
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WHEREAS, the Whatcom County Council encourages the Executive to establish
policies consistent with this ordinance for all Executive appointed advisory groups; and
WHEREAS, language in WCC 2.03 addresses term limits of various County advisory
groups; and
WHEREAS, mid -year appointments to vacancies may result in terms shorter than
the advisory group's designated term length, because term end dates must fall on January
31 of a given year, causing confusion about whether those terms are full or partial terms for
the purpose of calculating term limits; and
WHEREAS, many County advisory groups include members who are designated by
their own agencies to represent their particular agency, jurisdiction or County department;
and
WHEREAS, the County Council's intent is to allow agencies and jurisdictions to
designate their own representatives to advisory groups without restricting terms; and
WHEREAS, the term "quorum" for the purpose of holding meetings and taking
action varies and is often confusing, and there is benefit to having the term defined
consistently across all County advisory groups.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Whatcom County Code 2.03 be amended as indicated in Exhibit A to this ordinance; and
BE IT FURTHER ORDAINED by the Whatcom County Council that the County
Council shall have the right to waive citizenship and/or qualified registered voter
requirements when appointing participants to any Whatcom County advisory groups; and
BE IT FINALLY ORDAINED by the Whatcom County Council that Whatcom County
shall not limit or restrict the participation of people living in Whatcom County from
participating in advisory groups based on citizenship and/or voter status.
A0Q0TAV this 5th day of Decemeber, 20 23
Q ,0 GOB` / •;
A7T 0-
Dana BroWn-[Y vi5 `Clerk-6f the Council
WHATCOM COUNTY EXECUTIVE
APPROVED AS TO FORM:
/s/Karen Frakes approved via phone on 12/112023/MR
Karen Frakes, Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
TCOM TY, ASHINGTON
Barr han ,Council Chair
WHATCOM COUNTY, WASHINGTON
Satpal Sidhu, County Executive
(") Approved ( ) Denied
Date Signed: 12, 8
I EXHIBIT A
2
3 Chapter 2.03 ADVISORY $994ESGROUPS
4
5 Sections:
6 2.03.010 General.
7 2.03.015 Definitions.
8 2.03.020 Terms.
9 2.03.025 Removal.
10 2.03.030 Limited terms.
11 2.03.040 Executive's terms.
12 2.03.050 Appointment of non-councilmembers to advisory bed esgroups-berms,
13 ens and earnmatteeg.
14 .
15 2.03.0-760 Confirmation of executive appointments.
16 2.03.0870 Review of nominees and executive appointees.
17 2.03.0980 Vacancies on advisory bed esgroups eitizen beards, committees an
18
19 2.03.1090 Qualifications.
20 2.03.100 Organization — Meetings.
21
22 2.03.010 General.
23 The requirements of this chapter shall not supersede the requirements specified in the
24 enabling ordinance, resolution, or interlocal agreement for any advisory group-bea-r4-,
25 eeffiffiiSSien, eF eemmittee. (Ord. 2019-008 Exh. A).
26
27 2.03.015 Definitions.
28
29 'Advisory bediesgroups" means all boards, committees, commissions, task forces, and other
30 groups established by the County Council to participate in county government and functions
31 primarily in advisory, coordinating, and/or planning capacities.
32
33 2.03.020 Terms.
34 A. Appointments to advisory bedtesgroups beards, eemn9ittees and eeFnFflissiens of non-
35 councilmembers made by the council shall be for a term no longer than four years, unless
36 specified differently in the enabling st�eordinance, resolution, or interlocal agreement.
37
38 B. The terms of all appointments to advisory bedtesgroups beards,
39 eemmffsseens of noncouncilmembers made by the council shall expire on January 31st of the
40 specified year, except for those appointments made to fill an incomplete term, in which case
41 it shall be for the balance of that term.
42
43 C. Term lengths for those members first appointed to advisory bedtesgroups bezlyds,
44 eenimattees and eemmossmens that are newly created or are returning from hiatus with a
45 majority or more of positions vacant shall be staggered so that the terms of future members
46 do not expire on the same date. (Ord. 2019-008 Exh. A; Ord. 2016-074 Exh. A; Ord. 2010-
47 045 Exh. A; Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part);
48 Res. 83-19 (part); Res. 80-13 § 1 (part)).
49
50 D. When a member is appointed mid -year, outside the annual appointment process, to a
51 vacant position with no term end date, the member's term length will be no longer than the
52 maximum term length allowed by the advisory befygroup's enabling statute and will be
53 considered a partial term.
54
55 E. When advisory b9-0ygroup membership includes representatives of specific agencies,
56 jurisdictions, or County departments, their assigned delegates are not required to be
1 appointed by the County Executive or County Council and are not subject to term lengths or
2 limits.
3
4 2.03.025 Removal.
5 In circumstances where the council has the authority to remove from office a member of an
6 advisory bedygroup prior to the expiration of the beard,
7 n9atte- E)F ��w w,'��'��advisory befdygroup member's term of office, the council shall
8 make such removal only upon the proper grounds specified in law. In the absence of such
9 guidance in law, the council shall not remove a member from office without having given
10 the member an opportunity to be heard by the council, if so requested. (Ord. 2019-008 Exh.
11 A; Ord. 2010-045 Exh. A; Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003
12 Attachment E (part); Res. 83-19 (part); Res. 80-13 § 1 (part)).
13
14 2.03.030 Limited terms.
15 A. A member may be appointed to serve up to two consecutive four-year terms, regardless
16 of whether that member has served a partial term of less than four years.
17
18 B. No advisory bedtyroupbeaFd, mottee member shall serve more than
19 two consecutive full terms; however, after serving two consecutive full terms, a Citizen
20 member may become eligible for reappointment to the advisory groupa-beard;
21 eemmosseen eF eemmettee after a one-year period of separation from the respective board,
22 commission or committee on which they have he OF she h previously served.
23
24 C. Term limits do not apply to the annual appointment of Whatcom County councilmembers
25 to various county and community advisory bed+esgroup5beaFdS, cemmissiens, er
26 ceding tteea, unless specified in the enabling ordinance. (Ord. 2019-008 Exh. A; Ord. 2010-
27 045 Exh. A; Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part);
28 Res. 80-13 § 2).
29
30 2.03.040 Executive's terms.
31 Those positions to which the county council appoints the executive to serve shall be for the
32 executive's term of office. (Ord. 2019-008 Exh. A; Ord. 2010-045 Exh. A; Ord. 2001-028
33 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Res. 80-13 § 3).
34
35 2.03.050 Appointment of noncouncilmembers to advisory be4iesgroups
36 commos9meng and eemmAtees.
37 For appointment by the council of noncouncilmembers to advisory bediesgroups these
38 beards, and-eenmittees performing either an administrative or a legislative
39 function, the council shall publish vacancies on its website and include an application
40 deadline of 10:00 a.m. on Tuesday of the week prior to the regularly scheduled council
41 meeting at which nominations and possible votes to appoint are scheduled to occur.
42 Councilmembers shall make nominations from the list of applicants at this same regularly
43 scheduled council meeting.
44
45 disiriat eir the eeunei1Fflen9beF at large. Appointment of the nominees shall occur by an
46 affirmative roll -call vote by a majority of the entire council. In the case of only one applicant
47 for a given vacancy, nomination and appointment by general consent may occur. (Ord.
48 2019-008 Exh. A; Ord. 2014-044 Exh. A; Ord. 2010-045 Exh. A; Ord. 2001-028 Exh. A;
49 Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Ord. 91-030 (part). Formerly
50 2.03.060).
51
52 2.03.060 Appointment of plan members.
53
54 .
55 2^z010 045 Exh. n; nFd 2001 _028 Earn d. 911-v0v6 Exh. n; n..,a 93 003 Attae Mient
56
1
2 2.03.0-760 Confirmation of executive appointments.
3 A. Council confirmation of executive appointments shall be handled in the following manner:
4 The executive shall present in writing to the council office, no later than seven days before
5 the council meeting at which action is requested, the names of his -their appointments,
6 positions and terms to which they are to be appointed, information on the appointees'
7 qualifications or background, and any other information the executive deems appropriate,
8 except in the case of executive appointments to executive and administrative offices, in
9 which case this information shall include a job description and a resume. This information
10 shall also be made available upon request to the public.
11
12 B. The council shall confirm or reject appointments by the county executive within 30 days
13 of the date the names are submitted to it; failure to act within this time period shall cause
14 the appointees to be deemed confirmed. Confirmation or rejection shall be by an affirmative
15 vote by a majority of the entire council. (Ord. 2019-008 Exh. A; Ord. 2010-045 Exh. A; Ord.
16 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Ord. 91-030
17 (part)).
18
19 2.03.0870 Review of nominees and executive appointees.
20 A. Councilmembers will individually be responsible for meeting or contacting individuals
21 nominated to serve on an advisory bedygroup bear`, eemmission, er cemmittee, and
22 individuals whose appointment by the executive is scheduled for confirmation by the
23 council, prior to the council's consideration of the nomination or request for confirmation.
24
25 B. The council chairperson may arrange for the council interview of the nominee or the
26 recommended executive appointee prior to the regularly scheduled council meeting at which
27 appointment or confirmation will be considered.
28
29 C. The names of recommended appointees by the executive, and the names of nominees by
30 councilmembers, shall be published on the agenda for the council meeting at which action is
31 to be taken in filling a position or confirming an appointment. (Ord. 2019-008 Exh. A; Ord.
32 2010-045 Exh. A; Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A. Formerly 2.03.075).
33
34 2.03.0980 Vacancies on advisory be4iesarou )s -°a:_ _ _ mittees and
35
36 A. The clerk of the council shall eauseze be compiled and published annually on the County
37 website a listing of vacancies and anticipated vacancies on all advisory bediesgroupseit+zen
38 beards, ee mitees and commissions within the appointive jurisdiction of both the council
39 and the executive.
40
41 B. The listing shall state the title and term of office of each position, res+de e if
42 requirements to live in Whatcom County are applicableany), the appointing authority,
43 and art physical address, e-mail address, and telephone number for obtaining further
44 information or for making applications. The listing shall also include a brief description of the
45 duties of each position and information on when the regular meetings of the bedygroup in
46 question are held.
47
48 C. The listing shall be posted in conspicuous places in the Courthouse, provided to all county
49 councilmembers, public libraries and city halls in the county, and be made available to the
50 public and news media at no charge.
51
52 D. Persons expressing an interest in applying for appointment to a council -appointed
53 position on an advisory bedygroup boaFEI, eemn9issien er comfflittee shall be given an
54 application form to complete and file with the clerk, giving his-eF heTtheir name, address,
55 telephone number, occupation and relevant qualifications. The applications shall be kept on
56 file in the clerk's office. An application for an advisory bedygroup is a public record subject
1 to disclosure upon request. Once an applicant is appointed, some personal information such
2 as residential address, telephone number, and e-mail address may be exempted from public
3 disclosure as allowed by RCW 42.56.250.
4
5 E. Persons expressing an interest in applying for appointment to an executive -appointed
6 position on an advisory group beaFd, e^ m'ttee shall be given an
7 application form to complete and file with the executive's office, giving his eF he their name,
8 address, telephone number, occupation and relevant qualifications. The applications shall be
9 kept on file in the executive's office. An application for an advisory bedygroup is a public
10 record subject to disclosure upon request. Once an applicant is appointed, some personal
11 information such as residential address, telephone number, and e-mail address may be
12 exempted from public disclosure as allowed by RCW 42.56.250.
13
14 F. In fulfilling the obligations of this section, the clerk shall seek the cooperation of the
15 executive and may accomplish his ehertheir obligations through joint action with the
16 executive's office. (Ord. 2019-008 Exh. A; Ord. 2017-007 Exh. A; Ord. 2010-045 Exh. A;
17 Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 91-030 (part). Formerly 2.03.080).
18
19 2.03.1090 Qualifications.
20 A. ,
21 ,
22 distFiet, ageney, eF greup he er she is appeinted te Fepresent en a speeifie board, eemmittee
23 eF eemmission,
24 GhaFtIeF. To qualify for appointment on a County advisory bedygroup, a person shall live in
25 Whatcom County and shall meet the requirements of the advisory ygroup's enabling
26 statute.
27
28 B. Individuals who have declared candidacy (as defined in RCW 42.17A.005(78)) for a paid
29 elected office in any jurisdiction within the county are not eligible for appointment while he
30 or she-;ethey are a candidate, but shall be eligible for: (A) appointment as the official
31 representative of an entity he oFshe iethey are currently elected to, or (B) reappointment to
32 additional terms, as allowed by the Whatcom County Code, to the same advisory bed-ygroup
33 beaFd ^r cemmitte^ he ^F she wasthey were on prior to declaration of candidacy. (Ord.
34 2019-008 Exh. A; Ord. 2017-007 Exh. A; Ord. 2010-045 Exh. A; Ord. 2001-028 Exh. A;
35 Ord. 95-006 Exh. A; Ord. 91-030 (part). Formerly 2.03.090).
36
37 2.03.100 Organization - Meetings.
38
39 A. An advisory hedygroup may establish its own operating bylaws, except:
40 1. A quorum for the purpose of holding a meeting and taking action will be more than
41 one-half of the total number of committee positions, regardless of whether any
42 positions are vacant.
43 2. A vote to make a recommendation to the County Council and/or County Executive
44 shall be approved by a quorum of the members as defined in (1) above.
45