HomeMy WebLinkAboutord2023-082Whatcom County COUNTY COURTHOUSE
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Bellingham, WA 98225-4038
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Agenda Bill Report
File Number: AB2023-775
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
it
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 O,rdi_nance..2C)_l._l..-1, 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 Mai 2023._Assessment ofAdv_is�. Groups Convened _b Whatcom
26 County_ Health ,. and., Co nm,uniiy 5,e, v.ices 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 11. _Re Dort, 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
47 019, 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.
0 L, � �y
1.1 Ak)O rt f{ (' '�thRi 5 h' ° day of Decemeber 20 23
A ry� WHATCOM COUNTY COUNCIL
ATT TCOk,hHangrf,
TY, ASHINGTON
Dana .Brovh= 43 ri Irk b the Council Barr Council Chair
WHATCOM COUNTY EXECUTIVE
APPROVED AS TO FORM: WHATCOM COUNTY, WASHINGTON
/s/Karen Frakes approved via phone on 12/1/2023/MR
Karen Frakes, Civil Deputy Prosecutor
Satpal Sidhu, County Executive
Approved ( ) Denied
Date Signed: ���
1 EXHIBIT A
2
3 Chapter 2.03 ADVISORY GROUPS
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 groups.
13 2.03.060 Confirmation of executive appointments.
14 2.03.070 Review of nominees and executive appointees.
15 2.03.080 Vacancies on advisory groups.
16 2.03.090 Qualifications.
17 2.03.100 Organization — Meetings.
18
19 2.03.010 General.
20 The requirements of this chapter shall not supersede the requirements specified in the
21 enabling ordinance, resolution, or interlocal agreement for any advisory group. (Ord. 2019-
22 008 Exh. A).
23
24 2.03.015 Definitions.
25
26 "Advisory groups" means all boards, committees, commissions, task forces, and other
27 groups established by the County Council to participate in county government and functions
28 primarily in advisory, coordinating, and/or planning capacities.
29
30 2.03.020 Terms.
31 A. Appointments to advisory groups of non -council members made by the council shall be for
32 a term no longer than four years, unless specified differently in the enabling ordinance,
33 resolution, or interlocal agreement.
34
35 B. The terms of all appointments to advisory groups of non-councilmembers made by the
36 council shall expire on January 31st of the specified year, except for those appointments
37 made to fill an incomplete term, in which case it shall be for the balance of that term.
38
39 C. Term lengths for those members first appointed to advisory groups that are newly
40 created or are returning from hiatus with a majority or more of positions vacant shall be
41 staggered so that the terms of future members do not expire on the same date. (Ord. 2019-
42 008 Exh. A; Ord. 2016-074 Exh. A; Ord. 2010-045 Exh. A; Ord. 2001-028 Exh. A; Ord. 95-
43 006 Exh. A; Ord. 93-003 Attachment E (part); Res. 83-19 (part); Res. 80-13 § 1 (part)).
44
45 D. When a member is appointed mid -year, outside the annual appointment process, to a
46 vacant position with no term end date, the member's term length will be no longer than the
47 maximum term length allowed by the adv_isory_grou's enabling statute and will be
48 considered a partial term.
49
50 E. When advisory group membership includes -representatives of specific agencies,
51 jurisdictions, or County departments, their assigned delegates are not required to be
52 appointed by the County Executive or County Council and are not subject to term lengths or
53 limits.
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2.03.025 Removal.
In circumstances where the council has the authority to remove from office a member of an
advisory group prior to the expiration of the advisory group 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.
2019-008 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)).
2.03.030 Limited terms.
A. A member may be appointed to serve up to two consecutive four-year terms, regardless
of whether that member has served a partial term of less than four years.
B. No advisory group member shall serve more than two consecutive full terms; however,
after serving two consecutive full terms, a member may become eligible for reappointment
to the advisory group after a one-year period of separation from the respective board,
commission or committee on which they have previously served.
C. Term limits do not apply to the annual appointment of Whatcom County councilmembers
to various county and community advisory groups, unless specified in the enabling
ordinance. (Ord. 2019-008 Exh. A; Ord. 2010-045 Exh. A; Ord. 2001-028 Exh. A; Ord. 95-
006 Exh. A; Ord. 93-003 Attachment E (part); Res. 80-13 § 2).
2.03.040 Executive's terms.
Those positions to which the county council appoints the executive to serve shall be for the
executive's term of office. (Ord. 2019-008 Exh. A; Ord. 2010-045 Exh. A; Ord. 2001-028
Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Res. 80-13 § 3).
2.03.050 Appointment of non-councilmembers to advisory groups.
For appointment by the council of non -councilmembers to advisory groups performing either
an administrative or a legislative function, the council shall publish vacancies on its website
and include an application deadline of 10:00 a.m. on Tuesday of the week prior to the
regularly scheduled council meeting at which nominations and possible votes to appoint are
scheduled to occur. Councilmembers shall make nominations from the list of applicants at
this same regularly scheduled council meeting. Appointment of the nominees shall occur by
an affirmative roll -call vote by a majority of the entire council. In the case of only one
applicant for a given vacancy, nomination and appointment by general consent may occur.
(Ord. 2019-008 Exh. A; Ord. 2014-044 Exh. A; 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). Formerly
2.03.060).
2.03.060 Confirmation of executive appointments.
A. Council confirmation of executive appointments shall be handled in the following manner:
The executive shall present in writing to the council office, no later than seven days before
the council meeting at which action is requested, the names of their appointments, positions
and terms to which they are to be appointed, information on the appointees' qualifications
or background, and any other information the executive deems appropriate, except in the
case of executive appointments to executive and administrative offices, in which case this
information shall include a job description and a resume. This information shall also be
made available upon request to the public.
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 rejection shall be by an affirmative
vote by a majority of the entire council. (Ord. 2019-008 Exh. A; Ord. 2010-045 Exh. A; Ord.
1 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Ord. 91-030
2 (part)).
3
4 2.03.070 Review of nominees and executive appointees.
5 A. Councilmembers will individually be responsible for meeting or contacting individuals
6 nominated to serve on an advisory group, and individuals whose appointment by the
7 executive is scheduled for confirmation by the council, prior to the council's consideration of
8 the nomination or request for confirmation.
9
10 B. The council chairperson may arrange for the council interview of the nominee or the
11 recommended executive appointee prior to the regularly scheduled council meeting at which
12 appointment or confirmation will be considered.
13
14 C. The names of recommended appointees by the executive, and the names of nominees by
15 councilmembers, shall be published on the agenda for the council meeting at which action is
16 to be taken in filling a position or confirming an appointment. (Ord. 2019-008 Exh. A; Ord.
17 2010-045 Exh. A; Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A. Formerly 2.03.075).
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19 2.03.080 Vacancies on advisory groups.
20 A. The clerk of the council shall compile and publish annually on the County website a listing
21 of vacancies and anticipated vacancies on all advisory groups within the appointive
22 jurisdiction of both the council and the executive.
23
24 B. The listing shall state the title and term of office of each position, if requirements to live
25 in Whatcom County are applicable, the appointing authority, and a physical address, e-mail
26 address, and telephone number for obtaining further information or for making applications.
27 The listing shall also include a brief description of the duties of each position and
28 information on when the regular meetings of the group in question are held.
29
30 C. The listing shall be posted in conspicuous places in the Courthouse, provided to all county
31 councilmembers, public libraries and city halls in the county, and be made available to the
32 public and news media at no charge.
33
34 D. Persons expressing an interest in applying for appointment to a council -appointed
35 position on an advisory group shall be given an application form to complete and file with
36 the clerk, giving their name, address, telephone number, occupation and relevant
37 qualifications. The applications shall be kept on file in the clerk's office. An application for an
38 advisory group is a public record subject to disclosure upon request. Once an applicant is
39 appointed, some personal information such as residential address, telephone number, and
40 e-mail address may be exempted from public disclosure as allowed by RCW 42.56.250.
41
42 E. Persons expressing an interest in applying for appointment to an executive -appointed
43 position on an advisory group shall be given an application form to complete and file with
44 the executive's office, giving their name, address, telephone number, occupation and
45 relevant qualifications. The applications shall be kept on file in the executive's office. An
46 application for an advisory group is a public record subject to disclosure upon request. Once
47 an applicant is appointed, some personal information such as residential address, telephone
48 number, and e-mail address may be exempted from public disclosure as allowed by RCW
49 42.56.250.
50
51 F. In fulfilling the obligations of this section, the clerk shall seek the cooperation of the
52 executive and may accomplish their obligations through joint action with the executive's
53 office. (Ord. 2019-008 Exh. A; Ord. 2017-007 Exh. A; Ord. 2010-045 Exh. A; Ord. 2001-
54 028 Exh. A; Ord. 95-006 Exh. A; Ord. 91-030 (part). Formerly 2.03.080).
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2.03.090 Qualifications.
A. To qualify for appointment on a County advisory group, a person shall live in Whatcom
County and shall meet the requirements of the advisory group's enabling statute.
B. Individuals who have declared candidacy (as defined in RCW 42.17A.005(8)) for a paid
elected office in any jurisdiction within the county are not eligible for appointment while
they are a candidate, but shall be eligible for: (A) appointment as the official representative
of an entity they are currently elected to, or (B) reappointment to additional terms, as
allowed by the Whatcom County Code, to the same advisory group they were on prior to
declaration of candidacy. (Ord. 2019-008 Exh. A; Ord. 2017-007 Exh. A; Ord. 2010-045
Exh. A; Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 91-030 (part). Formerly
2.03.090).
2.03.100 Organization - Meetings.
A. An advisory group may establish its own operating bylaws, except:
1. A quorum for the purpose of holding a meeting and taking action will be more than
one-half of the total number of committee positions, regardless of whether any
positions are vacant.
2. A vote to make a recommendation to the County Council and/or County Executive
shall be approved by a quorum of the members as defined in (1) above.