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HomeMy WebLinkAbout2024 - Whatcom County Prop 2024-22 Proposed Amendment to Whatcom Co Charter Section 4.30 Nov 6, 2024 GeneralWhatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 December 4, 2024 Election Results Receipt Stacy Henthorn County Auditor Amy Grasher Chief Deputy Auditor Copies of the following proposition election results from the November 5, 2024 General and Special Election, have been delivered to the Assessor's and Treasurer's Office: Blaine School District 503, Proposition No. 2024-21, General Obligation Bonds - $70,000,000 ® Meridian School District 505, Proposition 2024-20, General Obligation Bonds - $75,000,000 n Fire Protection District 1, Proposition 2024-24, General Obligation Bonds - $13,000,000 ® Columbia Valley Park and Recreation District, Proposition 2024-23, Establishing Six Year Regular Property Tax Levy Receipt Acknowledged: Assessor's Office: Rebecca Xczar Treasurer's Office: St en Oliver Date l 2 I?• Date Statement of Votes Cast by Geography Page: 1 of 1 Whatcom County, Washington, GENERAL 2024, Nov 05, 2024 2024-12-02 All Precincts, All Districts, All Counter Groups, All ScanStations, WC Prop 2024-22 Charter Amendment 14:53:52 4.3, All Boxes Total Ballots Cast: 139080 Reqistered Voters: 167790, Overall Turnout: 82.89% Choice Votes Vote % All Precincts WC Prop 2024-22 Charter Amendment 4.3 (Vote for 1) 139080 ballots (7 over voted ballots, 7 overvotes, 11475 undervotes), 167790 registered voters, turnout 82.89% Yes 107437 84.20% No 20161 15.80% Total 127598 100.00% Overvotes 7 Undervotes 11475 STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) This is to certify that on November 5, 2024, there was held a special election in Whatcom County, Washington, for the submission of a ballot measure to the voters for their approval or rejection. The results of the election were duly canvassed by the Whatcom County Canvassing Board on November 26, 2024, and the results of said canvass are as reads above. Dated this 4th day of December, 2024, Bellingham, Whatcom County, Washington. Stacy Henthor County Auditor FINAL Language Ballot Title Whatcom County Proposition 2024-22 Proposed Amendment to Whatcom County Charter Section 4.30 The Whatcom County Council adopted Ordinance No. 2023-083 proposing amendments to Whatcom County Charter Section 4.30. The proposed amendments would add the letter "s" within the title of Section 4.30, and would add or any other elected public office during their term of office" within the body of Section 4.30. If approved, this amendment would prohibit elected County officers from holding other elected public office during their terms of office. Shall these amendments be approved? Yes No Explanatory Statement If approved, this proposition would amend Whatcom County Charter Section 4.30 as described in County Council Ordinance No. 2023-083, and the Whatcom County Charter would then read: "Section 4.30 Conflicts of Interest. The County Council, Executive, Assessor, Auditor, Treasurer, Sheriff and Prosecuting Attorney shall hold no other office or employment within County government or any other elected public office during their term of office." 4 GSM Cp4y 0 District Name: District Address: Contact Person 1 Whatcom County Auditor's Office Ballot Measure Coversheet Whatcom County 311 Grand Ave, Bellingham, WA 98225 Jenna Gernand, Legislative Coordinator Name & Title 360-778-5017 jgernand@co.whatcom.wa.us Contact Person 2 Cathy Halka, Clerk of the Council Name & Title 360-778-5019 chalka@co.whatcom.wa.us Phone & email Phone & email George Roche Name 360-778-5773 groche@comhatcomma.us Phone & email Has your attorney prepared this ballot measure? QYes Q No requiredAre the following documents Resolution Yes() No with original signatures or a certified copy Explanatory Statement Yes O No prepared by your attorney, not to exceed 100 words Committee Appointment Forms Yes © No separate forms for each committee Completed Ballot Measure Coversheet Yes O No Auditor's Office Use Receivn,; in Nrson JUL 2 5 2024 ' a rr i P Whatcom County Elections 2t�L� 2Z Proposition/Initiative Number lb)"-I�A'N— Deputy Auditors Signature Missing document(s): I understand that the submittal deadline date for the missing documents is and the Auditor's Office will not begin processing this ballot measure until all documents have been submitted. Presenter's Signature Reviewed 12/12/2023 Receiveu in Person JUL 2 5 2024 Whatcom County Elections PROPOSED BY: KERSHNER INTRODUCTION DATE: NOVEMBER 21, 2023 ORDINANCE NO. 2023-083 SUBMITTING TO THE QUALIFIED VOTERS OF WHATCOM COUNTY A PROPOSAL TO AMEND WHATCOM COUNTY CHARTER SECTION 4.30 TO EXPAND THE STANDARDS FOR CONFLICT OF INTEREST WHEREAS, the Whatcom County Charter Section 4.30 - Conflict of Interest, states that "The County Council, Executive, Assessor, Auditor, Treasurer, Sheriff and Prosecuting Attorney shall hold no other office or employment within County government"; and WHEREAS, this section does not address holding of offices in other levels of government; WHEREAS, persons holding more than one public office cannot fully perform the duties of multiple elected positions, which is contrary to the public interest; and WHEREAS, according to the National Conference of State Legislatures, most other states do not permit lawmakers to simultaneously hold two elected positions. WHEREAS, Washington State allows county charters to set a more exacting standard than the state standard. WHEREAS, in 2016, with over 83% support, Pierce County voters amended section 9.45 of their county charter to read, "Members of the Council, the Executive, the Assessor - Treasurer, the Auditor, the Sheriff and the Prosecuting Attorney are prohibited from holding another elected public office during their term of office except this prohibition does not apply to the elected office of political party precinct committee officer." NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: 1. BALLOT PROPOSITION SUBMITTAL: The County Auditor shall cause notice of the proposed proposition to be published in accordance with the state constitution and general law and shall submit to the qualified electors of the County the proposition hereinafter set forth on the ballot of the county -wide general election to be held on November 5, 2024. The Clerk of the Council shall certify that proposition to the County Auditor in substantially the following form: WHATCOM COUNTY, WASHINGTON PROPOSITION NUMBER 2024- EXPAND CHARTER REQUIREMENTS FOR CONFLICT OF INTEREST The Whatcom County Council adopted Ordinance No. 23-083 proposing amendments to Section 4.30 of the Whatcom County Charter which concerns conflicts of interest of County elected officials. The current provision prohibits County elected officials from holding any other office or employment only within County government. If approved, this amendment would add language which would also prohibit County elected officials from holding"any other public office at any level of government during their term of office" and would amend the title of the section to "Conflicts of Interest." Should this proposition be approved? Yes No 2. CORRECTIONS AND EXPLANATORY STATEMENT: The Prosecuting Attorney is authorized to make such minor adjustments to the wording of this proposition as may be required that do not change its substantive meaning and are consistent with the intent of this ordinance, and the Prosecuting Attorney shall prepare an explanatory statement based on this ordinance for use in the Voters Pamphlet. 3. AMENDMENTS AND SEVERABILITY: If the ballot measure proposed herein passes by a majority vote, the Whatcom County Charter shall be amended to reflect the approved language. Provided that it is consistent with state law, the Council may, through its inherent authority, otherwise amend this ordinance if it determines that circumstances warrant such amendment. If any provision of this ordinance or its application to any person or circumstance is determined to be invalid, the remainder of the ordinance or its application to other persons or circumstances shall not be affected. BE IT FINALLY ORDAINED that if the ballot measure is approved by majority vote, the WhalGcor C. unt?y,�harter shall be amended as outlined in Exhibit A to this ordinance. I t- $1;; �' Jy' • December Jfi00P thfs!,5th day of 2023. a '•�_ G00, WHATCOM OM COUNTY COUNCIL AS INGTON Dana ��wty a��,iitoilncil Clerk tpr2oved c ana , Council Chair S,l� R APPROVED AS 70 FORM: () Denied /s/Karen Frakes'approved via phone on 12/1/2023/MR Civil Deputy Prosecutor Satpal Sidhu, C unty Executive Date: 1,��� EXHIBIT A Section 4.30 Conflicts of Interest. The County Council, Executive, Assessor, Auditor, Treasurer, Sheriff and Prosecuting Attorney shall hold no other office or employment within County government or any other elected public office during their term of office. (Amended by referendum 1986; Amended by Ord. 93-046 (part)). `j4�,tlliltitlrr;r �' I, Cathy` at the attached Whatcom County Council Ordinance No. 2023-083 is a true and correct caps►. F -72S/ 202q y Cathy Halka, CIeWbfthe. Council Date Whatcom County Proposition # Proposed amendment to Whatcom County Charter section 4.30 The Whatcom County Council adopted Ordinance No. 2023-083 proposing amendments to Whatcom County Charter section 4.30. The proposed amendments would add the letter "s" within the title of Section 4.30, and would add "or any other elected public office during their term of office" within the body of Section 4.30. If approved, this amendment would prohibit elected County officers from holding other elected public office during their terms of office. Shall these amendments be approved? Yes No Proposed amendment to Whatcom County Charter section 4.30 Explanatory Statement: If approved, this proposition would amend Whatcom County Charter Section 4.30 as described in County Council Ordinance No. 2023-083, and the Whatcom County Charter would then read: "Section 4.30 Conflicts of Interest. The County Council, Executive, Assessor, Auditor, Treasurer, Sheriff and Prosecuting Attorney shall hold no other office or employment within County government or any other elected public office during their term of office." Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 �.v Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Report File Number: AB2023-778 File ID: AB2023-778 Version: 1 Status: Adopted File Created: 11/15/2023 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 2023-083 Related Files: Primary Contact Email: DBrown@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Ordinance submitting to the qualified voters of Whatcom County a proposal to amend Whatcom County Charter Section 4.30 to expand the standards for conflict of interest SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: This ordinance submits a proposal the Whatcom County Auditor for inclusion on the 2024 General Election ballot that, if approved, would amend Whatcom County Charter Section 4.30 to expand the standard for conflict(s) of interest to include language prohibiting County elected official from holding any other public office at any level of government during their term of office. HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 11/21/2023 Council SUBSTITUTE INTRODUCED Council Committee of the Whole 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: 6 Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Nay: 1 Elenbaas 12/05/2023 Council ADOPTED Aye: 6 Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner Whatcom County Page 1 Printed on 12/6/2023 Agenda Bill Report Cnnfinued (AB2023-778) Nay: 1 Elenbaas Attachments: Proposed Ordinance, Substitute Ordinance Whatcom County Page 2 Printed on 12/6/2023