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Home My WebLink About1978 - Home Rule Charter for Whatcom County Adopted 1978 Amended by referendum 1986HOME RULE CHARTER for Whatcom County ADOPTED 1978 AMENDED BY REFERENDUM 1986 auaitor.ord 02/08/93 SPONSORED BY: PROPOSED BY: Henderson INTRODUCTION DATE: 1 ORDINANCE NO. 2 AMENDMENT TO THE COUNTY CHARTER, 3 TO BE SUBMITTED TO THE PEOPLE 4 REGARDING DUTIES OF THE AUDITOR AND TREASURER 5 WHEREAS, the people of Whatcom County adopted a Home Rule Charter in 1978 6 setting forth the form of government; and 7 WHEREAS, in adopting the charter for Whatcom County the duties of the Auditor 8 and Treasurer were not specifically enumerated and merely referenced state law; and 9 WHEREAS, the powers and duties specified in state law are based on concepts 10 founded in the 19th century and relate to the commissioner form of government that has 11 been replaced by the people of Whatcom County; and 12 13 WHEREAS, the nature of modern management demands changes in approach to 14 better safeguard the interests of the people; and 15 WHEREAS, both outside experts and the informed opinion of professional staff and 16 elected officials have reached the conclusion that changes will result in the more efficient 17 and accountable operation of government; and 18 WHEREAS the County Auditor, County Treasurer, County Executive and County 19 Council agree that the proposed changes are in the best interests of the people; 20 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 21 following amendment of Section 3.52 of the Whatcom County Charter shall be submitted 22 to the voters for approval or rejection at the November 1993 General Election: 23 Section 3.52 Powers and Duties 24 The County Assessor, Aidditef, Tfeasur-er and Sheriff created by adoption of this 25 charter shall have the powers and duties of their respective offices as provided by 26 general law: Provided that these offices and those of the`Auditor and Treasurer shall 27 be subject to the personnel, budgeting and any other policies set by the County 28 Council. Page 1 2 4 6 7 8 9 10 11 12 13 14 15 Be it further ordained that upon adoption by the voters, this amendment shall be effective 16 on January 1, 1994. recorder o 'deez3s and other'instflim.' s whse :. e corded in the, cowity, shall issue Il�r s�es azld Q�e d«� dij-id as an event of the state, shall certlfYcnd county as mainup ta�-ote-r rolls a"d records, d9Q.dB ali ,f fr.� �rnd tei:t procedures for ctan�nliance .�<. .gees:.and co or— to federal" slate, and couzarv;. Hall insu-re he a&quacy ands standing of comity i88�2Dr `and sZ pezorni oth� x 17 APPROVED this day of , 1993. 18 19 ATTEST: 20 21 Ramona Reeves, Council Clerk 22 APPROVED AS TO FORM: 23 24 Civil Deputy Prosecutor 25 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Marge Laidlaw, Council Chair ( ) Approved ( ) Denied Shirley Van Zanten, Executive Date: Page 2 commiss.ord 05/04/93 SPONSORED BY: PROPOSED BY: Henderson INTRODUCTION DATE: 1 ORDINANCE NO. 2 AMENDMENT TO THE CHARTER TO BE SUBMITTED TO THE VOTERS 3 REVISING THE TIME FRAME FOR CHARTER COMMISSIONS 4 WHEREAS, the County Charter as currently written allows the formation of a 5 charter commission to weigh proposals to amend the charter only every ten years; and 6 WHEREAS, the recent introduction of several charter amendments for 7 consideration by the County Council indicates that a need might develop to allow a 8 charter commission to be formed sooner than the specified ten year period. 9 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that 10 the issue of amending the charter to provide for the potential to form a charter 11 commission sooner than every ten years is a serious and noteworthy issue that deserves 12 consideration by the citizens of Whatcom County, and hereby puts forth the following 13 amendments for adoption by the voters: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 Section 8.11 Election and -Period of Office £emery At le lst every ten (10) years after the adoption of this Charter, the County Council shall cause an election of a Charter Review Commission, hereinafter referred to as the Commission. The Commission shall consist of fifteen (15) persons, an equal number from each Council district. There shall be no filing fee nor shall there be a primary. The member of the Commission who receives the greatest number of votes shall convene the Commission. The term of office shall be one year. The Commission shall meet at such times and in such places as it deems appropriate upon having given public notice. ADOPTED this day of , 1993. WHATCOM COUNTY COUNCIL - ATTEST: WHATCOM COUNTY, WASHINGTON Ramona Reeves, Council Clerk Marge Laidlaw, Council Chair APPROVED AS TO FORM: Civil Deputy Prosecutor ( ) Approved () Denied Shirley Van Zanten, Executive Date: Page 1 WHATCOM COUNTY HOME RULE CHARTER Prepared by the Whatcom County Board of Freeholders for submission to the Voters of the County November 7, 1978 Amended by Referendum November 3, 1986 WHATCOM COUNTY BOARD OF FREEHOLDERS — 1977 DISTRICT NO. 1 Frank C. "Jim" Brooks, business executive, Bellingham Joseph R. Elenbaas, building contractor, Sudden Valley Charles E. Lind, self employed, Chuckanut Thomas A. Walstrom, utility administrator, Bellingham Don Hansey, poultry farming, Geneva Ken C. Elvig, retired, Bellingham M. Arne Hanna, car dealer, Bellingham DISTRICT NO. 2 Rosemary Flora, homemaker, Everson R. W. "Bob" Muenscher, dairy farmer, Everson Linda Zander, farmer, Lynden Sandra J. Zuanich, city records manager, Bellingham Arthur Henken, retired grocer, Lynden Jim Van Andel, mayor of Lynden Fred C. Larson, warehouser, Bellingham DISTRICT NO. 3 Leo L. Iverson, retired business person, Custer William P. Roehl, attorney, Lummi Island G. Elliot Van Horn, retired farmer, Marietta Shirley Van Zanten, school librarian, Delta Harold D. Reimer, escrow officer, Ferndale Wella Hansen, retired county auditor, North Bellingham Cathy Luke, homemaker, Lummi Island We would like to thank the following for their assistance: Mary Herda, secretary William A. Gardiner, Deputy Prosecuting Attorney Dorothee S. Pealy, consultant Ernest A. Campbell, consultant municipal law specialist John Servais, public relations and education adviser WHATCOM COUNTY CHARTER REVIEW COMMISSION 1985 COUNCIL DISTRICT NO. 1 Terry Brainard Financial aid officer WCC — Bellingham Edwin A. Ebright Business person — Bellingham Shirley Forslof Deputy Auditor — Bellingham Doug Gill Undersheriff — Bellingham Peter A. Zuanich, Jr. Marine surveyor and commercial fisher — Bellingham COUNCIL DISTRICT NO. 2 Jacqueline Battson Homemaker — Bellingham Joe Elenbaas Farmer and building trades — Bellingham Marge Laidlaw Retired and part-time farmer Everson Ron Polinder School administrator and part-time farmer — Lynden Linda Zander Farmer — Lynden COUNCIL DISTRICT NO. 3 Pete Griffin Deputy Auditor — Bellingham Paul E. Holtzheimer Business person — Custer Darlene McLeod Personnel secretary — Bellingham Judith Wiseman Teacher — Bellingham Leo Iverson Retired — Ferndale We would like to thank the following for their assistance: Ann Holst, secretary Randall J. Watts, Deputy Prosecuting Attorney Terry Lewis, Deputy Prosecuting Attorney -2 -3- TO THE PEOPLE OF WHATCOM COUNTY: FREEHOLDER'S CERTIFICATE - RESOLUTION Last November you elected 21 freeholders to prepare and propose a Home Rule Charter for Whatcom County pursuant to the 21st Amendment to the Washington State Constitution. The freeholders began by adopting rules to provide for orderly consideration and deliberation of Charter proposals. Meetings were held with elected officials, department heads, former elected officials and interested Whatcom County citizens. In addition, the freeholders studied other Home Rule Charters, met with freeholders from other counties and the city of Bellingham, conferred with consultants and other county officials and held a series of public forums throughout the county before making decisions on the proposed charter. A first draft proposal was printed and 2,000 copies were distributed which resulted in additional citizen input into the final proposed charter. A telephone survey of voter views on county government was also used by the freeholders in preparing the proposed Charter. The final Home Rule Charter proposal makes two basic changes in our county form of government; namely, it separates the legislative and administrative functions of government by providing a non -partisan seven - member, part-time county council and a full-time, elected administrator (County Executive) to replace the present three -commissioner form of government, and the Charter provides the right of initiative and referendum to the citizens of Whatcom County. The Charter maintains the Assessor, Auditor, Treasurer and Sheriff as partisan elected officials at the present time. Other changes are relatively minor but the major difference is adopting "Home Rule" itself. The Charter is a county constitution designed to give the control of county affairs to the people of the county rather than requiring legislation from Olympia. The freeholders have represented you well. Coming from all parts of the county and representing all political and philosophical points of view, the freeholders have in their deliberations raised arguments for and against all of the provisions suggested for inclusion in the Charter. Each freeholder brought to the task a sense of personal dedication to the development of a governmental structure that will serve this county well for many years to come. The Charter was passed by the freeholders by a vote of 20-1 on July 11, 1978 and was signed by all 21 freeholders August 21, 1978. We commend this proposed charter to you as a good framework to bring Home Rule to Whatcom County. Very truly yours, WHATCOM COUNTY BOARD OF FREEHOLDERS DON HANSEY, Chair We, the duly elected members of the Whatcom County Board of Freeholders, having been elected November 8, 1977, pursuant to Article II, Section 4, of the Constitution of the State of Washington, as amended, and having been empowered to prepare and propose a Home Rule Charter for the government of the County, have prepared and do hereby propose the foregoing Whatcom County Charter for adoption by the voters of Whatcom County. We request the Board of Whatcom County Commissioners to take whatever action may be necessary to place the following question before the voters of the County at the general election to be held on November 7, 1978: Shall a Home Rule Charter for Whatcom County providing for separation of legislative and administrative powers, initiative and referendum rights and improved administration be adopted? For Home Rule Charter Against Home Rule Charter We, the undersigned Freeholders of Whatcom County, do hereby approve o v e l u t iA nCAL1, ��I/ Y�iZG 2 CZ� Jun -4. 1), -4- -5- CHARTER INDEX ARTICLE 1 - POWER OF THE COUNTY Section 1.10 - General Powers 1.20 - Intergovernmental Relations 1.30 - Construction 1.40 - Name, Boundaries, County Seat and Classification ` ARTICLE 2 - THE LEGISLATIVE BRANCH Section 2.10 Composition 2.11 - Three Districts 2.12 - Nominations 2.13 Election Countywide 2.14 Terms of Council Members 2.20 - Powers 2.21 Council Subpoena Powers 2.22 - Organization 2.23 - Rules of Procedure 2.24 - Relationship with Other Branches 2.30 - Ordinances 2.40 - Emergency Ordinances 2.50 - Resolutions 2.60 - Codification of Ordinances ARTICLE 3 - THE EXECUTIVE BRANCH Section 3.10 - Composition and Powers 3.20 - The County Executive 3.21 Election, Term of Office and Compensation 3.22 - Powers and Duties 3.23 - Appointments by County Executive and Confirmation 3.24 - Appointments by the Chief Officers 3.25 Qualifications 3.26 - Executive Pro Tempore 3.30 - Administrative Offices 3.40 The Executive Offices 3.50 Other Elected Officials 3.51 - Election, Term of Office and Compensation 3.52 Powers and Duties 3.53 - Appointments by Elected Officials 3.54 - Qualifications 3.55 County Prosecuting Attorney 3.60 Appointed Executive Officers 3.61 - Clerk of the Superior Court 3.62 - County Medical Examiner ARTICLE 4 - ELECTIONS Section 4.10 - Election Procedures 4.20 Qualifications 4.30 - Conflict of Interest 4.40 District Boundaries 4.41 - Districting Committee 4.42 Districting Plan 4.50 - Vacancies _ 4.60 - Commencement of Terms of Office ARTICLE 5 - THE PUBLIC INTEREST Section 5.10 Direct Government 5.20 The Initiative 5.30 - Initiative - Limitations 5.40 - Initiative - Procedures 5.41 - Mini -Initiative 5.42 - Initiative - Insufficient Signatures 5.50 - The Referendum 5.60 - Referendum - Procedures 5.65 - Initiatives, Referendums and Mini -Initiatives Numbering 5.70 - Recall 5.80 Implement by Ordinance ARTICLE 6 - FINANCIAL ADMINISTRATION Section 6.10 - Presentation and Adoption of Budgets 6.20 - Budget Information 6.30 - Contents of Budget 6.40 - Budget Message 6.41 Budget Control 6.50 - Copies of the Budget 6.60 - Consideration and Adoption of the Budget 6.70 Additional Appropriations 6.71 Contingency Appropriations 6.72 - Emergency Appropriations 6.73 - Additional Capital Budget Appropriation 6.80 - Lapses of Appropriations 6.90 - Illegal Contracts ARTICLE 7 - PERSONNEL SYSTEM Section 7.10 Purpose 7.20 - Exemptions 7.30 - Administration ARTICLE 8 - CHARTER REVIEW AND AMENDMENTS Section 8.10 - Charter Review Commission 8.11 Election and Period of Office 8.12 - Vacancy 8.13 - Procedures 8.20 - Charter Amendment - General Provisions 8.21 - Amendments by Charter Review Commission 8.22 - Amendments by the Public 8.23 - Amendments by the County Council 8.24 - Repeal of Charter ARTICLE 9 GENERAL PROVISIONS Section 9.10 - Severability and Construction 9.20 - Purchasing Contracts, Claims and Bonds 9.30 - Franchises 9.40 - Public Disclosure 9.50 Oath of Office and Bonds 9.60 - Information Management ARTICLE 10 - TRANSITIONAL PROVISIONS Section 10.10 - Continuation of Ordinances and Vested Rights 10.20 - Effective Date and Elections 10.30 - Commencement of Terms of Office 10.31 - Original Council Organization 10.40 - Compensation - County Commissioners 10.41 - Compensation County Council 10.42 - Compensation - County Executive 10.50 - Elective County Officers - Terms, Compensations 10.60 - Boards and Commissions 10.70 - Budget 10.80 Repeal of Transition Article 10.90 - Required Ordinances 6- (Amended by Referendum 1986) -7- PREAMBLE Treasuring the many wonders of our unique environment and realizing that the power and duty to govern and protect this region is inherent in its people, we, the citizens of Whatcom County, in order to have a more responsible and better in- tegrated government, which inspires confidence and fosters self-reliance, do adopt as the foundation of our government, this Charter. ARTICLE 1 — POWERS OF THE COUNTY Section 1.10 — General Powers The county shall have all powers possible that a home rule county may have under the Constitution and laws of the United States and the State of Washington. The enumeration of this charter of certain rights shall not be construed to deny others retained by the people. (amended by Referendum 7986) Section 1.20 — Intergovernmental Relations The County may exercise any of its powers or perform any of its duties, functions, projects, or activities jointly or in cooperation with any one or more governments, governmental agencies, municipal corporations, or any private agency or corporation, in any manner permitted by law and participate in the financing thereof. It shall be the policy of the county to enhance, in every way possible, intergovernmental cooperation. Section 1.30 — Construction The power of the County shall be liberally construed; it is intended that this Charter confer the greatest power of local self-government consistent with the Constitution of the State. Specific mention of a particular power or authority shall not be construed as a limitation on general power of the county, but shall be considered as an addition to and supplementary to or explanatory of the powers conferred in general terms by this charter. References to adoption of ordinances by the County Council shall not be construed as impairing the right of the people to initiate or refer ordinances. The word "law" shall mean the Constitution and laws of the State of Washington unless context indicates otherwise. Section 1.40 — Name, Boundaries, County Seat, and Classification The corporate name of this county shall remain Whatcom County, and it shall have those boundaries provided by the legislature. The County seat shall be Bellingham; Washington. Branch offices of the county are authorized, and branches hereafter established shall be by ordinance. Wherever "classification" is significant, this county shall be considered equivalent to a classified county of the class having the population of this county at the time of the last official census. ARTICLE 2 — THE LEGISLATIVE BRANCH Section 2.10 — Composition The Legislative power of the county not reserved to the people or to the County Executive shall be vested in a County Council. Section 2.11 — Three Districts The County Council shall consist of seven (7) members, selected as follows: For purpose of nomination of members of the Council, the county shall divide into three districts so that each district shall comprise as nearly as possible one-third of the population of the county. On adoption of the charter, the existing commissioner districts shall constitute the three districts for the purpose of nomination of candidates to the County Council. Section 2.12 — Nominations (a) Nominees by district. There shall be two council positions in each of the three districts, designated position (A) and position (B), respectively. At the primary election, the qualified electors of each district shall select two (2) candidates for each position to be filled from their district. (b) Nominee at large. There shall be one council position designated council member at -large, which shall be nominated without regard to district. The two candidates receiving the largest number of votes county -wide shall be certified as candidates for the position of council member at -large. Section 2.13 — Election Countywide The qualified voters of the entire county shall vote upon each council member position at the November general election. The candidate receiving the highest number of votes for each position shall be elected. Section 2.14 — Terms of Council Members The term of office of each elected council member shall be four (4) years commencing with the second Monday in January following election, and until a successor has been elected and has qualified. Section 2.20 — Powers The County Council shall exercise its legislative power by adoption and enactment of ordinances or resolutions. It shall have the power: (a) To levy taxes, appropriate revenue and adopt budgets for the county. (b) To establish the compensation to be paid to all county officers and employees and to provide for the reimbursement of expenses, except that no council member may receive a salary increase for the term of office during which the ordinance is adopted, nor shall any council member receive a salary in excess of fifteen (45) percent of that of the County Executive. (c) Except as otherwise provided for herein, to establish, abolish, combine and divide by ordinance, non - elective administrative offices and executive departments and to establish their powers and responsibilities. (d) To adopt by ordinance comprehensive plans, including improvement plans for the present and future development of the county. The enumeration of particular legislative powers shall not be construed as limiting the legislative powers of the County Council. Section 2.21 — Council Subpoena Powers The County Council may, in connection with the legislative process, make investigations into the affairs of the county and the conduct of any county department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence, and may invoke the aid of any court of competent jurisdiction to carry out such powers, provided that any witness shall have the right to be represented by counsel. The Council, as a whole or by committee, may conduct public hearings on matters of public concern. Section 2.22 — Organization The County Council shall annually elect one of its members as chair, and a vice -chair who shall act in the absence of the chair. It shall be responsible for its own organization, the rules of conduct of its business and for the employment and supervision of such persons as it deems necessary to assist it in the performance of its duties. A majority of the Council shall constitute a quorum at all meetings. Council action shall require at least a majority of the entire Council except where two-thirds vote is required, in which case two-thirds of the entire Council shall be necessary. Section 2.23 — Rules of Procedure The County Council shall enact by ordinance rules of procedure governing the time, place and conduct of its meetings and hearings and the introduction, publication, consideration and adoption of ordinances: Provided, that the Council shall meet regularly at least semi-monthly. All meetings shall be open to the public except to the extent that executive sessions are authorized by law and a verbatim public record shall be kept of each meeting by electronic or mechanical means for a reasonable period of time as provided by state law and, in addition, written minutes shall be promptly recorded, said minutes to include a summation of the actions and discussions forthcoming from each council meeting, as well as a record of the vote of each council member. Section 2.24 — Relationship with Other Branches Except in the performance of its legislative functions under this Charter, the County Council, its staff, and individual council members shall not interfere in the administration of the executive and/or administrative branch or give orders to or direct, either publicly or privately, any officer, or employee subject to the direction and supervision of the County Executive or other elected official. -8- -9- Section 2.30 — Ordinances Every legislative act shall be by ordinance. The subject of every ordinance shall be clearly stated in the title, and no ordinance shall contain more than one subject. Ordinances or summaries of them, the places where copies are filed, and the times when they are available for inspection, shall be published when the ordinances are proposed and again upon enactment. No ordinance shall be amended unless the new ordinance sets forth each amended section or subsection at full length. Ordinances may, by reference, adopt Washington State statutes, or any recognized, printed codes or compilations in whole or in part. At least thirteen (13) days shall pass between the introduction and the final passage of every ordinance, except emergency ordinances. Every ordinance shall be introduced in its entirety in writing. Every ordinance which passes the County Council must be presented to the County Executive. If approved by the Executive, the ordinance shall be signed by the Executive and become law as provided in this section. If not approved by the Executive, the entire ordinance shall be vetoed and returned with the Executive's written objections, which shall be entered in the journal of council proceedings. If, within thirty (30) days after being returned to the Council, the ordinance receives the affirmative vote of two-thirds of the entire Council, it shall become law. If the Executive does not either sign or veto an ordinance within ten (10) days, Saturdays, Sundays and holidays excepted, after presentation of the ordinance by the Council, it shall become law without the Executive's signature. Except as otherwise provided in this Charter, all ordinances shall take effect ten (10) days after the date they are signed by the County Executive or otherwise enacted or at a later date if stated in the ordinance. Section 2.40 — Emergency Ordinances An ordinance necessary for the immediate preservation of the public peace, health, or safety or support of the county government and its existing institutions may be passed by a two-thirds vote of the County Council, which shall be effective immediately when approved by the County Executive. No emergency ordinances may levy taxes, grant, renew or extend a franchise, regulate the rate charged by any utility or authorize the borrowing of money for more than one hundred and twenty (120) days. An emergency ordinance shall be introduced and passed in the manner prescribed for emergency ordinances generally, except that the emergency and the facts creating it shall be stated in a separate section of the emergency ordinance. The provisions of every ordinance, except one making appropriations from an emergency reserve of borrowing money for one hundred and twenty (120) days or less, shall expire as of the sixty-first (61 st) day following the date on which the ordinance became law. Section 2.50 — Resolutions The County Council shall confirm or reject appointments by the County Executive within thirty (30) days of the date the name or names are submitted to it; may pass resolutions to organize and administer the legislative branch; may pass resolutions to make declarations of policy which do not have the force of law and to request information from any other agency of county government. Resolutions shall not be subject to the veto power of the Executive and the Council in passing resolutions need not comply with the procedural requirements for the introduction, consideration and adoption of ordinances. Section 2.60 — Codification of Ordinances All ordinances of the county which are of a general and permanent nature or impose any fine, penalty, or forfeiture shall be codified in a code which shall be adopted by ordinance and shall be known as the Whatcom County Code. The code shall be kept current to reflect newly adopted, amended or repealed ordinances. A current copy shall be placed in the main regional library and in such other places as the County Council deems appropriate. ARTICLE 3 — THE EXECUTIVE BRANCH Section 3.10 — Composition and Powers The executive branch shall be composed of the County Executive, the County Assessor, the County Auditor, the County Treasurer, the County Sheriff, the officers and employees of administrative offices and executive departments established by this charter or created by the County Council and the members of boards and commissions, except boards which have quasi-judicial powers. The executive branch shall have all executive powers of the county under this Charter. Section 3.20 — The County Executive The County Executive is the Chief Executive Officer of Whatcom County. Section 3.21 — Election, Term of Office and Compensation The County Executive shall be nominated and elected by the voters of the county, and the term of office shall be four years and until the successor is elected and qualified. The County Executive shall receive compensation as determined by the County Council. Section 3.22 — Powers and Duties As Chief Executive Officer, the County Executive shall have all the executive powers of the county which are not expressly vested in other specific elective officers by this Charter. The County Executive shall have the power to: (a) Supervise all administrative offices and executive departments established by this Charter or created by the County Council. (b) Execute and enforce all ordinances and state statutes within the county. (c) Present to the County Council an annual statement of the governmental affairs of the county and any other report which may be deemed necessary. (d) Prepare and present to the County Council budgets and a budget message setting forth proposals for the county during the next fiscal year. (e) Prepare and present to the County Council comprehensive plans including capital improvement plans for the present and future development of the county. (f) Veto any ordinance adopted by the County Council except as otherwise provided in this Charter. (g) Assign duties to administrative offices and executive departments which are not specifically assigned by this Charter or by ordinance. (h) Sign or cause to be signed, on behalf of the county, all claims, deeds, contracts and other instruments. The specific statement of particular executive powers shall not be construed as limiting the executive powers of the County Executive. Section 3.23 — Appointments by County Executive and Confirmation The County Executive shall appoint the chief officer of each executive and administrative department and office, except all elected offices; and shall appoint the members of all boards and commissions except as otherwise provided in this Charter. The appointments by the County Executive shall be subject to confirmation by a majority of the County Council. The County Executive may appoint a confidential secretary and administrative assistant without Council confirmation. The term of office of any board or commission member shall not be longer than four (4) years. Terms of members of boards and commissions shall be limited to two (2) consecutive full terms. Section 3.24 — Appointments by the Chief Officers The chief officer of each administrative office and executive department shall appoint all officers and employees of the office or department and shall comply with the rules of the personnel system when appointing officers and employees to positions covered by the personnel system. Section 3.25 — Qualifications The chief officers appointed by the County Executive shall be appointed on the basis of their abilities, qualifications, integrity and prior experience concerning the duties of the office to which they shall be appointed. -10- -11- Section 3.26 — Executive Pro Tempore The County Council, at its annual election, by majority vote, may designate one of its number as Executive Pro Tempore, or in lieu thereof, the Council may appoint any qualified person to serve as Executive Pro Tempore. The Executive Pro Tempore shall hold office at the pleasure of the Council, and in case of the absence or temporary disability of the Executive, perform the duties of Executive except the Executive Pro Tempore shall not have power to appoint or remove any officer, or to veto any acts of the County Council. Section 3.30 — Administrative Offices The administrative offices of Whatcom County shall consist of those agencies of the executive branch which primarily provide administrative services for the various agencies of county government. Section 3.40 — The Executive Offices The executive offices shall consist of the departments of the County Assessor, the County Auditor, the County Treasurer, the County Sheriff and those agencies of the executive branch which are primarily engaged in the execution and enforcement of ordinances and statutes concerning the public peace, health and safety and which furnish or provide governmental services directly to or for the residents of Whatcom County. Section 3.50 — Other Elected Officials Other elected officials include the Assessor, Auditor, Treasurer and Sheriff. Section 3.51 — Election, Term of Office and Compensation There is hereby created by the adoption of this Charter the office of County Assessor, County Auditor, County Treasurer and County Sheriff. These elected officers shall be nominated and elected by the voters of the county, and their terms of office shall be four years and until their successors are elected and qualified. The Assessor, Auditor, Treasurer and Sheriff shall receive compensation as determined by the County Council: Provided, that compensation shall not be less than the compensation received for these offices at the time of the adoption of the Charter. Section 3.52 — Powers and Duties The County Assessor, Auditor, Treasurer, and Sheriff created by the adoption of this Charter shall have the powers and duties of their respective offices as provided by general law: Provided, that these offices shall be subject to the personnel, budgeting and any other policies set by the County Council. Section 3.53 — Appointments by Elected Officials The County Assessor, Auditor, Treasurer, and Sheriff each shall hire all officers and employees of the office or department and shall comply with the rules of the personnel system when appointing officers and employees to positions covered by the personnel system. Section 3.54 — Qualifications The chief officers appointed by the County Assessor, Auditor, Treasurer, and Sheriff shall be appointed on the basis of their abilities, qualifications, integrity and prior experience concerning duties of the office to which they shall be appointed. Section 3.55 — County Prosecuting Attorney The County Prosecuting Attorney shall have all the powers, authorities and duties granted to and imposed upon a Prosecuting Attorney by State law. Section 3.60 — Appointed Executive Officers The appointed officers are the Clerk of the Superior Court and the County Medical Examiner. Section 3.61 — Clerk of the Superior Court The Clerk of the Superior Court shall be appointed by the County Executive and confirmed by a majority of the County Council from a list of at least three candidates submitted to them by the Superior Court Judges. Except as provided in this section, the Clerk shall be subject to the personnel, budgeting, purchasing, property control and records management systems as provided in this Charter or by any ordinance or resolution as the Council may direct. Section 3.62 — County Medical Examiner The County Medical Examiner shall be appointed by the County Executive from applicants approved by the Whatcom County Medical Society and the County Sheriff and shall be confirmed by the County Council. The Medical Examiner shall have an M.D. or D.O. degree and be licensed to practice medicine in this state. The Medical Examiner shall perform duties as prescribed by general law or by ordinances or resolutions adopted by the Council and shall receive compensation as determined by the Council. The Council shall declare by ordinance that the responsibility for property of the deceased be delegated to an officer of the court or county other than the Medical Examiner. ARTICLE 4 — ELECTIONS Section 4.10 — Election Procedures Except as provided in this Article, the nominating primaries and elections of the Assessor, Auditor, Treasurer and Sheriff shall be conducted in accordance with general law governing the elections of non -partisan county officers. Nominating primaries and elections of the County Council and Executive shall be conducted in accordance with general law governing the election of non -partisan county officers. (amended by Referendum 1986) Section 4.20 — Qualifications Each county officer holding an elective office shall be, at the time of appointment or election, and at all times while holding office, a citizen of the United States and a resident and registered voter of Whatcom County. Council members shall be residents of the districts which they represent. Any change in the boundaries of the council member's district which shall cause that member to be no longer a resident of the district which that council member represents shall not disqualify that council member from holding office during the remainder of the term for which that council member was elected or appointed. Section 4.30 — Conflict of Interest The County Council, Executive, Assessor, Auditor, Sheriff and Prosecuting Attorney shall hold no other office or employment within county government. (amended by Referendum 1986) Section 4.40 — District Boundaries The boundaries of each district shall correspond as nearly as practical with the boundaries of election precincts and shall be drawn to produce districts with compact and contiguous territory, composed of geographic units which are approximately equal in population. Section 4.41 — Districting Committee During the month of January, 1981, and by January 31 of each tenth year thereafter, a five -member Districting Committee shall be appointed. The County Council shall appoint four persons to the committee, two from each major political party, the four to appoint the fifth who shall be the Chair. The Districting Committee shall within thirty (30) days of its appointment, meet and appoint a Districting Master who shall be qualified by education, training and experience to draw a districting plan. If the Districting Committee is unable to agree upon the appointment of the Districting Master within thirty (30) days, the County Council shall appoint a Districting Master by March 31 of that year. Section 4.42 — Districting Plan The Districting Master shall draw a districting plan for the county which shall be submitted by May 1 of the same year to the Districting Committee for adoption with or without amendment. The Districting Committee shall adopt the districting plan within fifteen (15) days. Upon adoption, the districting plan shall be filed with the County Auditor by the Districting Committee. The plan shall become effective upon filing. Section 4.50 — Vacancies An elective office shall become vacant on the death, resignation, or recall of the officer; a council member's absence from three (3) consecutive regular meetings of the County Council without being excused by the Council; any elected official's absence from the county for thirty (30) days without being excused by the Council, or for other causes. The vacancy shall be filled by the Council as it deems appropriate. -72- -73- Vacancies in elective office shall be filled at the next November general election, unless the vacancy occurs after the day for filing declarations of candidacy, in which case the vacancy shall be filled at the next succeeding November general election. The person elected shall take office upon certification of the results of the election and shall serve the unexpired term of the vacated office. Until a successor has been elected and certified, a majority of the Council shall fill the vacancy by appointment. All persons appointed to fill vacancies shall meet the qualifications of Section 4.20. Section 4.60 — Commencement of Terms of Office The election of county officers provided for in this charter shall be held on odd -numbered years as provided by general law and the provisions of this Charter. The term of office of elected county officers shall commence on the second Monday of the next January immediately following the November general election. ARTICLE 5 — THE PUBLIC INTEREST Section 5.10 — Direct Government The people of Whatcom County reserve to themselves the power to make certain proposals, at their option, and to enact or reject them at the polls, independent of the County Council. The veto power of the County Executive does not cover measures initiated by or referred to the people. Section 5.20 — The Initiative The first power reserved to the people is the initiative. Any act, bill or ordinance or amendment to an ordinance may be proposed by filing, with the Auditor, an initiative petition. No ordinance enacted as a result of initiative shall be amended or repealed within two (2) years after enactment except as a result of a subsequent initiative or referendum. Section 5.30 — Initiative — Limitations No initiative proposal requiring the expenditure of additional funds for an existing activity or of any funds for a new activity or purpose shall be filed unless provisions are specifically made therein for new or additional sources of revenue which may thereby be required. Section 5.40 - Initiative — Procedures Any legal voter or organization of legal voters of Whatcom County may file an initiative proposal with the County Auditor, who within five (5) days, excluding Saturday, Sunday and holidays, shall confer with the petitioner to review the proposal as to form and style. The Auditor shall give the proposed initiative a number, which shall thereafter be the identifying number for the measure. The Auditor shall then transmit a copy of the proposal to the Prosecuting Attorney, who within ten (10) days after receipt thereof, in consultation with the petitioner shall formulate a concise statement, posed as a positive question, not to exceed twenty (20) words, which shall express and give a true and impartial statement of the purpose of the measure. Such concise statement will be the ballot title. The petitioner then has one hundred and twenty (120) days to collect the signatures of the registered voters in the county equal in number to not less than fifteen (15) percent of the votes cast in the county equal in the last general election. Each petition shall contain the full text of the proposed measure, ordinance or amendment to an ordinance and the ballot title. The Auditor shall verify the sufficiency of the signatures on the petition and, if it is validated, submit the proposal to the people at the next general election that is not less than one hundred and twenty (120) days after the registering of the petition, unless the County Council enacts the proposal without change or amendment. If the County Council does not adopt the proposed measure and adopts a substitute measure concerning the same subject matter, the substitute proposal shall be placed on the same ballot with the initiative proposal; and the voters shall be given the choice of accepting either or rejecting both and shall then be given the choice of accepting one and rejecting the other. If a majority of those voting on the first issue is for accepting either, then the measure receiving the majority of the votes cast on to second issue shall be deemed approved. If a majority of those voting on the first issue is for rejecting both, then neither measure shall be approved regardless of the vote on the second issue. (amended Referendum 1986) Section 5.41 — Mini -Initiative Any ordinance or amendment to an existing ordinance may be proposed to the County Council by registering with the Auditor initiative petitions bearing the signatures of qualified voters equal in number to not less than three (3) percent of the number of votes cast in the county in the last gubernatorial election. Upon verifying the sufficiency of the signatures, the Auditor shall transmit the initiative petition to the Council which shall hold a public hearing on the proposed ordinance and enact or reject the ordinance within sixty (60) days. Section 5.42 Initiative — Insufficient Signatures If the proponents of an initiative fail to obtain the requred number of signatures in the designated time period, but have sufficient signatures to qualify the proposal as a mini -initiative, the proposal shall be treated as a mini -initiative at the request of the proponents. (amended by Referendum 1986) Section 5.50 — The Referendum The second power reserved by the people is the referendum. It may be ordered on any act, or bill, or ordinance, or any part thereof passed by the County Council except such ordinances as may be necessary for the immediate preservation of the public peace, health or safety or support of the county government and its existing public institutions. Upon registration and validation of a referendum petition, the measure will be ineffective pending the outcome of the referendum procedure. The registering of a referendum petition against one or more items, sections or parts of any act, bill or ordinance will not delay the remainder of the measure from taking effect. Section 5.60 — Referendum — Procedures Any legal voter, or organization of legal voters of Whatcom County may file a referendum proposal, against any enacted ordinance or portion thereof, with the County Auditor. The proposal shall be presented to the Auditor within forty-five (45) days after the ordinance is passed by County Council Within five (5) days, excluding Saturday, Sunday and holidays, the Auditor shall confer with the petitioner to review the proposal as to form and style. The Auditor shall give the referendum proposal a number, which shall thereafter be the identifying number for the measure. The Auditor shall then transmit a copy of the proposal to the County Prosecuting Attorney, who within ten (10) days after receipt thereof, shall formulate a concise statement, posed as a question, not to exceed twenty (20) words, which shall express and give a true and impartial statement of the measure being referred. Such concise statement will be the ballot title. The petitioner then has one hundred and twenty (120) days to collect the signatures of registered voters of the county equal in number to not less than fifteen (15) percent of the number of votes cast in the county in the last gubernatorial election. Each petition shall contain the full text of the measure being referred and the ballot title. The Auditor shall verify the sufficiency of the signatures on the petition and, if it is validated, submit the measure to the people at the next general election that is not less than one hundred and twenty (120) days after the registering of the petitions. Section 5.65 L Initiatives, Referendums and Mini -Initiatives — Numbering System The Auditor, when assigning numbers to initiatives, referendums and mini -initiatives, shall use a separate sequential series for each category. No number shall be reissued once used. (amended by Referendum 1986) Section 5.70 — The Recall The people further reserve the power of recall as provided in the Constitution and the laws of the State of Washington. Section 5.80 — Implement by Ordinance The Council shall enact ordinances to promote the carrying out of the provisions of this article. ARTICLE 6 — FINANCIAL ADMINISTRATION Section 6.10 — Presentation and Adoption of Budgets At least seventy-five (75) days prior to the end of each fiscal year, the County Executive shall present to the County Council a complete budget and budget message, proposed current expense and capital budget appropriation ordinances, and proposed tax and revenue ordinances necessary to raise sufficient revenues to balance the budget; and at least thirty (30) days prior to the end of the fiscal year, the Council shall adopt appropriation, tax and revenue ordinances for the next fiscal year. Section 6.20 — Budget Information At least one hudred thirty-five (135) days prior to the end of the fiscal year, all agencies of county government shall submit to the County Executive information necessary to prepare the budget. -14- -15- 1.08.010--1.08.020 Chapter 1.08 INITIATIVE, REFERENDUM AND RECALL Sections: 1.08.010 Purpose. 1.08.020 Definitions. 1.08.030 Procedures for processing initiatives and re- ferendums. 1.08.040 Time limits. 1.08.050 Preparation and filing. 1.08.060 Form of petitions --Assignment of number. 1.08.070 Duty of the prosecuting attorney. 1.08.080 Ballot title --Notice to the proponents --Appeal. 1.06.090 Petition --Required number of signatures. 1.08.100 Petition --Acceptance or rejection by auditor. 1.08.110 Adoption by council of substitute initiative measure. 1.08.120 Majority vote rules --Requisites for approval. 1.08.130 Effect of petition. 1.08.140 Veto not allowed. 1.08.150 Limitations and applicability. 1.08.160 Piini-initiative--Allowed. 1.08.170 Mini -initiative --Required number of.signatures. 1.08.180 Piini-initiative--Public hearing required. 1.08.190 Mini -initiative --Rejected initiative to qualify as mini -initiative. 1.08.200 Recall. 1.08.010 Purpose. A. This chapter recognizes rights reserved to the people of Whatcom County to propose certain measures at their option and to enact or reject them at the polls, independent of the county council and to propose mini -initiatives direct to the county council. In addition, it is recognized that the people of Whatcom County have. certain rights reserved to discharge a public official. B. This chapter is intended to be a supplement and a clarification of the Whatcom County Home Rule Charter, existing statutes, and Constitutional provisions concerning subject matter hereof. (Ord. 80-22 51; Ord. 79-31 951, 5). 1.08.020 Definitions. For the purposes of this chap- ter, the words set out in this section shall have the fol- lowing meanings: A. "File" means to register, to put on public record (used for recording measure wish on ballot before signa- tures) . B. "Measure" means legislative enactment, statute, or law (used to refer to the complete and appropriate text of ordinance or act requested) . (Whatcom County 6/84) 1.08.030--1.08.060 C. "Petition" means a document embodying a request, often signed by a number of petitioners (used for form with signatures -- that which voters sign). D. "Proposed" means to set forth consideration or accept- ance (used only as a verb or adjective). E. "Register" means to record officially (refers to re- cording petition with signatures). (Ord. 83-55 (part); Ord. 79-31 (part)). 1.08.030 Procedures for processing initiatives and re- ferend,.li-ns. The procedures set forth in Sections 1.08.040 through 1.08.150 shall govern the processing of a proposed initiative, mini -initiative or referendum. (Ord. 80-22 §2: Ord. 79-31 §2(part)). 1.08.040 Time limits. A. Time limits for filing ini- tiative and referendum measures proposed to be submitted to the people must be filed with the county auditor, and, furthermore, referendum measures shall be filed within forty-five days after the ordinance is passed by the county council. B. Mini -initiative measures proposed to the county council with accompanying petitions must be registered with the county auditor. (Ord. 79-31 52.1). 1.08.050 Preparation and filing. Any legal voter, or organization of legal voters of Whatcom County, may prepare and file an initiative,,mini-initiative or referendum mea- sure with the county auditor, who, within five days exclud- ing Saturday, Sunday and holidays, shall confer with the petitioners to review whether the proposed measure is defi- cient as to form or style the petitioner(s) shall be so advised by the auditor to allow correction to be made before filing. -(Ord. 83-55 (part): Ord. 80-22 §3: Ord. 79-31 §2.2) . 1.08.060 Form of Detition--Assignment of number. A. Each petition, at the time of circulating, signing and registering, -shall consist of not more than one sheet and not more than twenty signatures on numbered lines on each sheet with the prescribed title, except the mini -initiative which does not require a ballot title, and a full, true and correct copy of the proposed measure referred to therein printed, which may be printed on the reverse side. B. The persons proposing the measure '_may prepare blank petitions and cause them to be printed upon single sheets of paper of good writing quality (including but not limited to newsprint) not less than eight and one-half inches nor more than eleven inches in width and not less than eleven inches nor more than fourteen inches in length with a margin of one inch at the top for binding and a margin of five - eighths inches on the left side for office use only. 3-1 (Whatcom County 6/84) 1.08.060 ~ C. The auditor shall give the proposed initiative or referendum, a number which shall thereafter be the identi- fying number for the measure and refer it to the prosecuting attorney. The auditor, when assigning numbers to initia- tives, referendums and mini -initiatives, shall use a separate sequential series for each category. No number shall be re- issued once used. D. Petition forms for submission to the people for their approval or rejection at the next ensuing general election, shall be substantially in the following form: "WARNING: Every person who signs this petition with any other than his true name, or who knowingly signs more than one of these petitions, or who signs this petition when he is not a legal voter, or who make herein any false statements, shall be punished by fine or imprisonment or both. "INITIATIVE (OR REFERENDUM) PETITION FOR SUBMISSION TO THE VOTERS OF WHATCOM COUNTY. "TO: , Auditor of Whatcom County. "We, the undersigned citizens of Whatcom County and legal voters, respectfully direct that the proposed measure known as County Initiative (or Referendum) Measure'No. entitled (insert here the established ballot title of the measure), a full, true and correct copy of which is printed hereon, shall be submitted to the legal voters of Whatcom County for their approval or rejection at the general elec- tion to be held on the day of , 19 and each of us, as signers of this petition, state: "I have-- personally signed this petition, I am a legal voter of Whatcom County, State of Washington, and my address is correctly stated on this petition. "For Print Name P--sidence Address City or Petitioner, s Official Street & Number Town Signature Use If An (Here follc Ar up to 20 nubered lines divided into colums as below) 1. ..... ........ ............ 2. ..... ........... .................. ............ 3. ..... .................... .......... ............. etc. 10 "Return to: (name) (address) (city/town/state/zip)" (Ord. 90-50; Ord. 83-89; Ord. 83-55 (part): Ord. 80-22 §4: Ord. 79-31 §2.3). 3-2 (Whatcom County 3/91) 1.08.070 1.08.070 Duty of the prosecuting attorney. Within ten days after the receipt of an initiative or referendum, the prosecuting attorney shall formulate a concise statement posed as a positive question, not to exceed twenty words, which shall express and give a true and impartial statement of the proposed measure. It -shall not intentionally be an argument 3-3 (Whatcom County 6/84) 1.08.080--1.08.120 or be likely to create prejudice, either for or against the measure. Such concise statements will be the ballot title. (Ord. 79-31, 92.4). 1.08.080 Ballot title --Notice to the proponents--%.00eal. A. Upon the filing cf the ballot title for an initiative or referendum measure, the auditor shall notify the proponents of the exact language of the statement. B. Proponents dissatisfied with the ballot title formu- lated by the prosecuting attorney have ten days from the date of filing of the title with the Whatcom County auditor to appeal to the superior court of Whatcom County. (Ord. 79-31, §2.5) . 1.08.090 Petition--Recuired number of signatures. Fol- lowing expiration of the ten day period referred to in Section 1.08.0701 the petitioner shall have one hundred twenty days to collect signatures of the registered voters of the county equal in number to not less than fifteen percent of the number of votes cast in the county in the last gubernatorial election. Each petition shall contain the full text of the proposed measure, ordinance, or amendment to an ordinance, and the ballot title. (Ord. 79-31, 52.6). 1.08.100 Petition --Acceptance or rejection by auditor. A. Upon receipt of an initiative or referendum petition, the county auditor shall verify the sufficiency of the signatures on the petition and, if it is validated,- submit the measure to the people at the next general election that is not less than one hundred twenty days after the registering of the petition for the measure, unless the county council enacts the proposed measure without change or amendment. B. Decisions to refuse to validate petitions may be reviewed by the Superior Court within ten days after the re- fusal. (Ord. 79-31, 52.7). 1.08.110 Adoption by council of substitute initiative measure. A. The county council may enact a proposed initia- tive after such petition has been validated and registered by the county auditor. B. In the event that the county council does not adopt a proposed measure and instead adopts a substitute measure concerning the same subject, the substitute measure shall be placed on the same ballot with the proposed initiative. (Ord. 79-31, 52.8). 1.08.120 Majority vote rules--P.ecuisites for approval. A. Validated initiative or referendum measures shall be ap- proved by a majority of the vote. B. In the event that a proposed initiative and council substitute measure are placed on ballot, the voters shall be 4 1.08.130--1.08.170 given the choice of accepting or rejecting both and then shall be given the choice of accepting one and rejecting the other. If a majority of those voting on the first issue is for accept- ing either, then the measure receiving the majority of the votes cast on the second issue shall be deemed approved. If the majority of those voting on the first issue is for reject- ing both, then neither measure shall be approved regardless of the vote on the second issue. (Ord. 79-31 §2.9). 1.08.130 Effect of petition. A. The effect of the referendum measure is to reject any act, measure, or portion of such measure which has been enacted by the county council. Upon registration and validation of a referendum petition, the previously enacted measure will be ineffective pending the outcome of the referendum procedure. The registering of a referendum petition against one or more items, sections or parts of any act, bill, or ordinance will not delay the re- mainder of the measure from taking effect. B. An approved initiative measure is to be given -the same effect as any adopted ordinance. No ordinance enacted as a result of an initiative shall be amended or repealed within two years after enactment, except as a result of a subsequent initiative or referendum. (Ord. 79-31 §2.10). 1.08.140 Veto not allowed. The county executive shall not have the power to veto measures covered by initiatives and referendums. (Ord. 79-31 S2.11). 1.08.150 Limitations and applicability. A. Referendum measures shall not be applicable to enacted ordinances that may be necessary for the immediate preservation of the public peace, health or safety, or the support of the county govern- ment and its existing public institutions. B. No initiative measures requiring the expenditures of additional moneys for an existing activity, or of any funds for a new activity or purpose, shall be filed unless provisions are made specifically therein for new or additional sources of revenue which may be required. (Ord. 79-31 52.12). 1.08.160 llini-initiative--Allowed. An ordinance or amendment to an existing ordinance may be proposed to the county council by registering initiative petitions and the proposed measure with the county auditor. (Ord. 79-31 §3 (part)) . 1.08.170 Mini-iniative--Required number of signatures. A. Proponents of the mini -initiative shall have ten days to file all signatures from the date of the initial filing of signatures with the county auditor. The auditor will not begin verifying and counting signatures until the final day for filing. The auditor shall verify the sufficiency of the signatures within sixty days. 5 (Whatcom County 11/81) 1.08.180--1.08.200 I B. Initiative petitions must bear the signatures of qualified voters equal in number to not less than three per- cent of the number of votes cast in the county in the last gubernatorial election. (Ord. 80-22 95: Ord. 79-31 §3.1). 1.08.180 Mini -initiative --Public hearing required. Upon verifying the sufficiency of the signatures, the auditor shall transmit the initiative petitions and proposed measure to the council which shall introduce the mini -initiative at the next regular county council meeting. The council shall, in all instances, hold a public hearing on the proposed ordi- nance and enact or reject the ordinance within sixty days of its introduction. (Ord. 80-22 §6: Ord. 79-31 93.2). 1.08.190 Mini-initiative--Reiected initiative to qualify as mini -initiative. If a proposed initiative measure fails to obtain the required number of signatures, but gets sufficient signatures to qualify as a mini -initiative, it may be treated as a mini -initiative at the request of the propo- nent(s). (Ord. 79-31 53.3). 1.08.200 Recall. The people further reserve the power of recall as provided in the Constitution and the laws of the state of Washington. (Ord. 79-31 §4). Chapter 1.10 PROCEDURES FOR MANAGEMENT AND DISPOSITION OF COUNTY -OWNED Sections:. PERSONAL AND REAL PROPERTY ARTICLE I. DEFINITIONS 1.10.010 County council. 1.10.020 Estimated market value. 1.10.030 Lot. 1.10.040 Emergency. 1.10.050 Worthless property. 1.10.060 Tax title property. 1.10.070 County real property. 1.10.080 Public sale. ARTICLE II. GENERAL AUTHORITY 1.10.090 Establishment of comprehensive procedures for county property management. 1.10.100 Severability. 1.10.110 Reservation of powers. (Whatcom County 3/91) Section 6.30 — Contents of Budget The budget shall include all funds, revenues and reserves; shall be divided into categories, projects, and objects of expense and shall include supporting data deemed advisable by the County Executive or required by ordinance; shall indicate as to each category, project or object of expense the actual expenditures of the preceding fiscal year, the estimated expenditures for the current fiscal year and requested appropriations for the next fiscal year; and shall include the proposed capital improvement program for the next six fiscal years. The expenditures included in the budget for the ensuing fiscal year shall not exceed the estimated revenues. Section 6.40 — Budget Message The budget message shall explain the budget in fiscal terms and in terms of the goals to be accomplished and shall relate the requested appropriations to the comprehensive plans of the county. Section 6.41 — Budget Control At the beginning of each quarterly period during the fiscal year, and more often if required, the County Executive shall submit to the County Council a written report showing the relation between the estimated income and expenses and actual income and expenses to date; and if it shall appear that the income is less than anticipated, the Council may reduce appropriations, except amounts required to meet contractural obligations and for debt, interest and other fixed charges, to such a degree as may be necessary to keep expenditures within the cash income. Section 6.50 — Copies of the Budget Copies of the budget and budget message shall be delivered to the County Auditor and each council member. The budget message and supporting tables shall be furnished to any interested person upon request for a reasonable fee as established by ordinance and shall be available for public inspection from the time the budget message is delivered. Section 6.60 — Consideration and Adoption of the Budget Prior to the adoption of any appropriation ordinances for the next fiscal year, the County Council shall hold a public hearing to consider the budget presented by the County Executive and shall hold any other public hearings on the budget or any part thereof that it deems advisable. The Council in considering the appropriation ordinances proposed by the Executive, may delete or add items, may reduce or increase the proposed appropriations and may add provisions restricting the expenditure of certain appropriations; but it shall not change the form of the proposed appropriation ordinances submitted by the Executive. The appropriation ordinances adopted by the County Council shall not exceed the estimated revenues of the county for the next fiscal year for each fund including surpluses and reserves, but the Council may increase the amount of the estimated revenues contained in the budget presented by the Executive by reestimating the amount by motion passed by a minimum of five (5) affirmative votes or by creating additional sources of revenue which were not included in the proposed tax and revenue ordinances presented by the Executive. Section 6.70 — Additional Appropriations Additional funds may be appropriated by contingency or emergency appropriation. Section 6.71 — Contingency Appropriations The annual budget ordinance shall include contingency funds which shall not be expended unless the County Executive certifies in writing that sufficient funds are available and the County Council adopts an additional appropriation ordinance after being requested to do so by the Executive. Section 6.72 — Emergency Appropriations The County Council may adopt an emergency appropriation ordinance which may appropriate contingency funds, revenues received in excess of the revenues estimated in the budget and funds from any other source available to the County in an emergency. Section 6.73 — Additional Capital Budget Appropriations The County Council shall not adopt an additional or amended capital budget appropriation ordinance during the fiscal year unless requested to do so by the County Executive. Section 6.80 — Lapses in Appropriations Unless otherwise provided by the appropriation ordinances, all unexpended and unencumbered appropriations in the current expense appropriation ordinances shall lapse at the end of the fiscal year. An appropriation in the capital budget appropriation ordinances shall lapse when the project has been completed or abandoned or when no expenditure or encumbrance has been made for three (3) years. Section 6.90 — Illegal Contracts Except as otherwise provided by ordinance, any contract in excess of an appropriation shall be null and void; and any officer, agent or employee of the county knowingly responsible shall be personally liable to anyone damaged by that action. The County Council when requested to do so by the County Executive may adopt an ordinance permitting the county to enter into contracts requiring the payment of funds from appropriations of subsequent fiscal years, but real property shall not be leased to the county for more than one year, unless it is included in a capital budget appropriation ordinance. ARTICLE 7 — PERSONNEL SYSTEM Section 7.10 — Purpose The County Council shall, by ordinance establish and maintain a personnel system for the county. Section 7.20 — Exemptions The provisions of this article shall apply to all county positions except: (a) Contract employees. (b) All volunteer members of boards and commissions appointed by the County Council or County Executive. (c) All elected county officers, the County Council, and no more than two other persons in each elected officer's office, who shall be either their first deputy or administrative assistant or confidential secretary, as designated by each officer. (d) Other employees as may become necessary as determined by the County Council. Section 7.30 — Administration The County Executive shall administer the personnel system of the county in accordance with the personnel rules adopted by the County Council by ordinance. ARTICLE 8 — CHARTER REVIEW AND AMENDMENTS Section 8.10 — Charter Review Commission This Charter shall be reviewed periodically by a Charter Review Commission as provided in this Article. Section 8.11 — Election and Period of Office Every ten (10) years after the adoption of this Charter, the County Council shall cause an election of a Charter Review Commission, hereinafter referred to as the Commission. The Commission shall consist of fifteen (15) persons, an equal number from each Council district. There shall be no filing fee nor shall there be a primary. The member of the Commission who receives the greatest number of votes shall convene the Commission. The term of office shall be one year. The Commission may meet at such times and in such places as it deems appropriate upon having given public notice. (amended by Referendum 1986) Section 8.12 — Vacancy Any vacancy on the Commission shall be filled within fourteen days of the declaration of a vacancy, by the next highest receipient of votes cast in the Charter Review Commissioner election from the district where the vacancy occurs. If a Commissioner is absent from three (3) consecutive meetings without prior notice being given to the Chair, a vacancy in that position may be declared by a two-thirds vote of the Commissioners. (amended by Referendum 1986) -16- -17- Section 8.13 — Procedures The Commission shall review the Charter to determine its adequacy and suitability to the needs of the county and may propose amendments. The Commission may also make recommendations to the County Council and publish its findings. Members of the Commission shall serve without salary, but shall be reimbursed for reasonable out-of-pocket expenses. The Council shall provide to the Commission reasonable funds, facilites and services appropriate to an elected county agency. Provisions for expenditures shall be made in the budget. Expenditures of the Commission shall be budgeted for their scheduled term of office. Section 8.20 — Charter Amendment — General Provisions Charter amendments may be proposed by the Commission, the County Council or by the public. Any proposed Charter amendment shall be filed and registered with the Auditor and submitted to the voters at the next November general election occurring at least ninety (90) days after registration of the proposed amendment with the Auditor. If more than one amendment is submitted on the same ballot, they shall be submitted in such a manner that the people may vote for or against the amendments separately; provided, an amendment which embraces a single or inter -related subject may be submitted as a single proposition even though it is composed of changes to one or more articles. If a proposed amendment is approved by a majority of the voters voting on the issues, it shall be effective ten (10) days after the results of the election are certified, unless a later date is specified in the petition or ordinance proposing the amendment. Any implementing ordinance required by any charter amendment shall be enacted by the Council within one hundred and eighty (180) days after the amendment is effective, unless the amendment provides otherwise. Section 8.21 — Amendments by the Charter Review Commission The Commission may propose amendments to the Charter by filing such proposed amendments with the County Council who shall submit the amendments to the voters at the next November general election at least ninety (90) days after the filing and registration of the amendments. Section 8.22 — Amendments by the Public The public may propose amendments to the Charter by registering with the Auditor an initiative petition bearing the signatures of registered voters of the county equal in number to, but not less than, twenty (20) percent of the number of votes cast in the county in the last gubernatorial election. Signatures shall be registered not more than one hundred twenty (120) days following filing of the petition with the Auditor, who shall submit the amendments to the voters. Section 8.23 — Amendments by the County Council The County Council may propose amendments to the Charter by enacting an ordinance to submit a proposed amendment to the voters at the next November general election occurring at least ninety (90) days after enactment. A minimum of five (5) affirmative votes shall be required to enact such an ordinance. An ordinance proposing an amendment to the Charter shall not be subject to the veto power of the County Executive. Section 8.24 — Repeal of Charter Any proposal to repeal the Charter shall include provisions for transition. ARTICLE 9 — GENERAL PROVISIONS Section 9.10 — Severability and Construction The provisions of this Charter are severable. If any provision should be declared to be unconstitutional or inapplicable, it shall not affect the constitutionality or applicability of any other provision of this Charter. Section 9.20 — Purchasing, Contracts, Claims, and Bonds The County Council shall by ordinance establish procedures for purchasing supplies, services, materials and equipment, the awarding of contracts, the processing of claims, and the sale or refunding of bonds. The ordinance shall provide when bids shall be required and how invitations for bids -shall be advertised. All purchases, contracts and bonds subject to bid procedures shall be advertised and unless all bids are rejected, shall be awarded on the basis of sealed bidding to the lowest responsive bidder. Section 9.30 — Franchises All franchises granted by the County Council shall be for a fixed term not to exceed twenty-five (25) years and no exclusive franchise shall be granted for the use of any street, road or public place. All franchises shall be subject to the power of eminent domain and the right of the Council or the people acting for themselves through the initiative or referendum to repeal, amend or modify the franchise in the interest of the public; and every ordinance granting a franchise shall contain a reservation of these rights. In any proceeding under eminent domain the franchise itself shall have no value. Section 9.40 — Public Disclosure Public disclosure of financial interest of elected public officials shall be governed by general law. Section 9.50 — Oath of Office and Bonds An oath of affirmation to support the Constitutions of the United States and the State of Washington and the Charter and ordinances of Whatcom County and to perform faithfully, impartially, and honestly the duties of office, shall be made by each elected officer before entering upon the duties of office. A surety bond shall be required for all elected officers and such county employees as may be designated by ordinance. Bonds shall be in the form and amount required by ordinance and the cost borne by the county. Section 9.60 — Information Management The County Executive shall establish procedures for maintaining a modern, efficient system for processing, maintaining and disposing of information and records; shall maintain a means to store and maintain, in retrievable manner, all county records which should not be destroyed and which are not necessary for the current operation of county government; and shall provide needed services for all branches of county government in a way that shall be deemed desirable for the efficient operation of the county government. These procedures shall be in compliance with general law and shall affect all departments of the county, elective or appointed. ARTICLE 10 — TRANSITIONAL PROVISIONS (Repealed Dec. 31, 1981) The provisions of this Article relate to the transition from the existing form of government to the form of government established by this Charter, and where inconsistent with the foregoing Articles of this Charter, the provisions of this Article shall constitute exceptions. Section 10.10 — Continuation of Ordinances and Vested Rights All ordinances, administrative rules and resolutions in force at the time this Charter takes effect, to the extent they are not inconsistent with the provisions of this Charter, shall remain in force until amended or repealed. All rights, claims, obligations, proceedings and liabilities either in favor of or against the county, and any criminal proceedings existing on the effective date of this Charter, shall not be affected by the adoption of this Charter. The power of the county to control, improve, establish, extend or vacate roads and other public ways and all other powers of the county shall continue and shall not be affected by the adoption of this Charter. Section 10.20 — Effective Date and Elections The effective date of this Charter shall be May 1, 1979, except that special nominating primaries and a special election shall be held on February 6, 1979, and March 13, 1979, respectively, to elect the first County Executive and council members to be elected after adoption of the Charter. The nominating primaries and election shall be conducted in accordance with the provisions of Article 4 except that the declarations of candidacy for the nominating primaries shall be filed December 18 to 22, 1978. A candidate may withdraw from nomination in accordance with general law and a vacancy on a party ticket may be filled in accordance with the provisions of general law. Section 10.30 — Commencement of Terms of Office County Commissioners elected at the general election in 1976 in Districts One and Two may serve as county council members Position "A" of their respective districts from the effective date of this Charter until their successors are elected at the general election of 1981, have qualified and have commenced their terms of office. The County Commissioner elected in the general election of 1978 for District Three may serve as county council member, Position "B", from the effective date of this charter until the successor has been elected at the general election of 1983, has qualified and has commenced the term of the office. The County Assessor, Auditor, Treasurer and Sheriff holding office on the effective date of this Charter, and the County Executive elected at the special election on March 13, 1979, may serve in those offices until their successors are elected at the general election of 1983, have qualified and have commenced their terms of office. The county council members elected at the special election on March 13, 1979 in Districts One and Two shall be designated as serving in Position "B" and may serve until their successors are elected at the general election in 1983, have qualified and have commenced their terms of office. The county council member elected "At Large" and the county council member elected in District Three, designated as serving in Position "A", at the special election on March 13, 1979, may serve until their successors are elected at the general election in 1981, have qualified and have commenced their terms of office. Thereafter all county elected officials shall be elected every four years. Section 10.31 — Original Council Organization The first County Council shall convene at 10:00 a.m., May 1, 1979, in the Whatcom County Courthouse. The County Auditor shall serve as the temporary presiding officer until each elected official is administered the oath of office and the Chairperson is elected from the membership of the Council. Section 10.40 — Compensation — County Commissioners A commissioner elected in 1976 shall receive the same salary serving as a county council member from the effective date of this Charter until January 13, 1981 as the commissioner would have received notwithstanding the passage of this Charter and the same benefits as all other part-time council members. If that Commissioner files for the office of County Executive the salary and benefits received will be the same as a part-time council member as provided for in this Charter effective May 1, 1979. The Commissioner elected in 1978 shall be compensated as a county council member as provided in Section 2.20 and 10.41 effective May 1, 1979. Commissioners appointed after November 7, 1978 to fill out the unexpired terms of commissioners elected in 1976 or 1978 shall receive compensation as county council members as provided in this Charter after the effective date of this Charter. Section 10.41 — Compensation — County Council Except as provided in Article 10, Section 10.40, county council members serving after the adoption of this Charter until January 12, 1984 shall receive compensation equal to fifteen (15) percent of that received by the County Executive. Section 10.42 — Compensation — County Executive The first County Executive shall receive the same compensation during the first term of office as the County Prosecuting Attorney. Section 10.50 — Elective County Officers — Terms, Compensations Every elected county officer, except a County Commissioner, whose office is abolished or made appointive by the adoption of this charter and who holds office on the effective date of this Charter, shall be continued in county employment at the rate of compensation specified by ordinance for the office held on the effective date of this Charter until the date when the term of office would have expired but for the adoption of this Charter; and, thereafter, shall be entitled to be appointed at the same rate of compensation to an administrative position subject to all of the rules of the personnel system including rules concerning compulsory retirement but excluding the rules concerning initial appointment. Every elected county officer, other than County Commissioner, whose office is continued by the adoption of this Charter and who holds office on the effective date of this Charter, shall receive compensation at a rate no less than the compensation received on the effective date of this Charter for the remaining term of office. Section 10.60 — Boards and Commissions All boards and commissions existing when this charter takes effect, shall continue until modified or abolished by ordinances. Section 10.70 — Budget The budget for 1979 which is in effect when this Charter takes effect, shall remain effective until it is revised or is superseded by the provisions of this Charter. Section 10.80 — Repeal of Transition Article Article 10 of this Charter is hereby repealed on December 31, 1981. Section 10.90 — Required Ordinances The following ordinances required by this Charter, shall be adopted by the dates indicated: Section 2.23 — Rules of Procedure — County Council, June 1, 1979 Section 2.60 — Codification of Ordinances, May 1, 1980 Section 3.62 — Medical Examiner — Property of Deceased Delegated, August 1, 1979 Article 5 — Initiative and Referendum Procedures, August 1, 1979 Article 7 — Personnel System, January 1, 1980 Section 9.20 — Purchasing Procedures, August 1, 1979 Section 9.50 — Surety Bond — County Employees, Amount and Form, August 1, 1979. Statements expressing individual views and concerns on various sections of the charter may be found in the minutes of the Whatcom County Board of Freeholders. Copies of the minutes are available in the Bellingham Public Library and the Whatcom County Rural Library Headquarters. 20- -21-