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HomeMy WebLinkAbout1986 - Proposed Charter Amendments Nov 4, 1986FIAT. PROPOSED AMENDMENTS TO THE WHATCOM COUNTY HOME RULE CHARTER Section 1.10 - General Powers JUL Z8 nr, �Itl 'P? VOL The county shall have all powers possible that a home r.uVirgu�un'ty may--h,rv-L-- under the Constitution and laws of the United States and the Sty, 'iof.Washii fora. The enumeration of this charter of certain rights shall not 1Wggnstrue�'to`deny others retained by the people. 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 x dare-{�}-eertd#dues one candidate from each political parry or Independent 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. Thecae-esnd#dates candidate of each political party or Independent receiving the largest number of votes county -wide shall be certified as candidates for the position of council member at -large. 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 election 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. Section 4.30 - Conflict of Interest Ne-Benny-a#eeed-e€€#ear-sha##-held-Bay The County Council, Executive, Assessor, Auditor, Sheriff and Prosecutin Attorney shall hold no other office or employment within county government. 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, ex- cluding 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 (r20) days to collect the signatures of the registered voters in the county equal in number to not less than €#€teen-{}§}-flereent-e€-the-votes-east-#n-tote-eesflty #n-tke-#ast-general-a#eet#en ten (10) percent of the number of registered voters in the county at 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 4 not less than one hundred and twenty (120) days after the registering of the petition,vnless 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 the voters voting on the first issue is for accepting either, then the measure receiving thnajority of the votes cast on the second issue shall be deemed approved. If a mad rity 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. 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 at 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, amend, or reject the ordinance within sixty (60) days. 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 the 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 the registered voters of the county equal in number to not less than €#€teen-{}§}-pereent-e€-tire-number-e€-votes-east-#n-the-eenntp-#n-tine-#ast gnbernater#al-a#eet#en six (6) percent of the registered voters in the county at the last general 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 petition. T , , Section 8.11 - Election, v nd Period of Office j At-least Every ten (10) years after the adoption of this Charter, the County Council shall cause the election of a Charter Review Commission, hereinafter referred to as the Commission. The Conunission 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. Section 8.12 - Vacancy . Any vacancy on the Commission shall be filled bar-ete-rema#e#ftg-members-e€ the-6en+m#ss#eft-a#ek#R-h#ray-{3A}-daps-Prey#dedT-�t�at within fourteen days of the declaration of a vacancy, rte#ee-shall-be-g#xen-a-�4�e-res#dens-a€-the d#sir#e�-#n-rrh#eh-ehe-�raeaney-eeears-#n-sde#►-meaner-as-the-6enun#ss#en-#n-#�s d#seree#eft-deems-edv#sable.- by the next highest recipient of votes cast in the Charter Review Commissioner election from the district where the vacancy occurs. fielee�#en-e€-�k�e-persea-�e-€#ll-��te-vaear�ey-s#►all-be-€rem-these-res#d#ng-#ft-ette d#sir#ee-#n-wh#eh-�#sere-#s-e-veeeRey-bp-e-s#mple-meger#�y-�re�e-a€-eke-Sewn►#ss#eft- 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. New Sections: Section 5.42 - Initiatives - Insufficient Signatures If the proponents of an initiative fail to obtain the required number of signatures in the designated time period, but have sufficient signatures to qualify the propasal as a mini -initiative, he proposal shall ]fig t�g���d as av -- - e - mini -initiative -at the .eq_uest,of the -proponents. Section 5.65 - 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 sh811 be reissued once used. Submitted by the Whatcom County Charter Review Commission Gender -Neutral Corrections: Section 2.22 - Organization The County Council shall annually elect one of its members as the chairman and a vice-chairmen who shall act in the absence of the chairmen. Section 3.21 - Elections, Terms of Office and Compensation The County Executive shall be nominated and elected by the voters of the county and h#a the term of office shall be four years or until hls a successor is elected and qualified. Section 3.22 - Powers and Duties (c) Present to the County Council an annual statement of the governmental affairs of the county and any other report which he the Executive may deem 4do m n.rer necessary. 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 h#s that 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 3.26 - Executive Pro Tempore The Executive Pro Tempore shall hold office at the pleasure of the Council, and in the absence or temporary disabiity of the Executive, perform the duties of Executive exeept-he-shell-net-have with the exception of t-he power to appoint or remove any officer, or to veto any acts of the County Council. Section 4.20 - Qualifications Each county officer holding an elective office shall be, at the time of h#s appointment or election and at all times while he-helds ' holding office, a citizen of the United States and a resident and registered voter of Whatcom County and council members shall be residents of the districts which they represent. Any change in the boundaries of the-eenne#1-member'-s a district which shall cause him a council member to be no longer a resident of the district which he that council member represents shall not disgtielify-him be a disqualification from holding office for the remainder of the term-far-wh:eh-he Ines-eleeted-er-eppe#rated elected or anointed term. Submitted by Whatcom County Charter Review Commission PROPOSED AMENDMENTS TO THE WHATCOM COUNTY HOME RULE CHARTER Amendment 1 (Sec. 2.12 and 4.10) Shall the Charter be amended to provide for partisan rather than non -partisan primaries and elections for the County Council and Executive? Amendment 2 (Sec. 4.10) Shall the Charter be amended to provide for non -partisan, rather than partisan, primaries and elections for the Assessor, Auditor, Treasurer and Sh ell ff? Amendment 3 (Sec. 5.40) Shall the Charter be amended to provide the number of s hiatu s quired for an initiative be changed from fifteenf(15%) percent of t 4e,, t- rotes c.9.1� in the x County it -last gubernatorial electionto ten (10%) prrce}pt,.6.f the nuwftf�p_f enters registered in the County at the last general ev,tioY►:'? Amendment 4 (Sec. 5.60) Shall the Charter be amended to provide that the number of signaturerequired for a referendum be reduced to six (6%) percent of the number of vot&rs registered in the County at the last general election? Amendment 5 (Sec. 5.40) Shall the Charter be amended to require that the Prosecuting Attorney consult ?c with petitioners of initiative in thkreparation of the ballot title? Amendment 6 (Sec. 5.41) Shall the Charter be amended to allow the Council to amend as well as accept or reject an ordinance proposed by mini -initiative? Amendment 7 (New Section) Shall the Charter be amended to provide that a proposed initiative failing to obtain the required signatures, but with enough signatures to qualify as a mini -initiative, be treated as a mini -initiative at the request of the proponents? Amendment 8 (New Section) Shall the Charter be amended to provide that the�uditor give a number to each initiative, referendum and mini -initiative using separate sequential series for each, such numbers not to be reissued once used? Amendment 9 (Sec. 8.11) Shall the Charter be amended to provide that a formal review of the CouTity Charter occur every ten years? Amendment 10 (Sec. 8.12) Shall the Charter be amended to allow any vacancy which occurs on the Charter Review Commission be filled by the next highest recipient of votes from the district in which the vacancy occurred? Amendment 11 (Sec. 8.12) Shall the Charter be amended to provide that the unexcused absence of a Charter Review Commissioner from three consecutive meetings create a vacancy if approved by two-thirds vote of the Commissioners? AmendmeT' �t, 12 (Sec. 4.30) xjShall th$Charter be amended to provide that the County Council, Executive, Assessor, Auditor, Treasurer, Sheriff and Prosecuting Attorney be barred from holding any other office or employment within County government? Amendment 13 (Sec. 1.10) Shall th thts arter be amended to provide that "The enumeration of this Charter of certain shall not be construed to deny others retained by the people? Amendment 14 (New Section) Shall the language of the Charter be amended to be free of references to gender? Submitted by the Whatcom County Charter Review Commission 7 6 November 4, 1986 Whatcom County, Washington November 4, 1986 Whatcom County, Washington November 4, 1986 Whatcom County, Washington Proposed Amendments to Home Rule Charter (Continued) Proposed Amendments to Home Rule Charter (Continued) WHATCOM COUNTY AMENDMENT 9 (Sec. 8.11) YES -116 CITIZENS INITIATIVE MEASURE NO. 1-86 YES - 78 � Shall the Charter be amended to provide that a formal YES 97 Shall Whatcom County repeal the present Home Rule review of the County Charter occur every ten years? NO - 117 AMENDMENT 4 (SeC. 5.60) - Charter and return to the three Commissioner form of NO - 79 Shall the Charter be amended to provide that the NO - 98 * government? number of signatures required for a referendum be reduced to six (6%) percent of the number of voters AMENDMENT 10 (Sec.8.12) registered in the County at the last general election? Shall the Charter be amended to allow any vacancy YES -119 Proposed Amendments to the Whatcom County which occurs on the Charter Review Commission be Home Rule Charter filled by the next highest recipient of votes from the NO _ 12O district in which the vacancy occurred? PROPOSED BY THE WHATCOM COUNTY CHARTER REVIEW COMMISSION AMENDMENT 5 (Sec. 5.40) YES -101 * Shall the Charter be amended to require that the YES - 83 Prosecuting Attorney consult with petitioners of ini- NO - 1O2 AMENDMENT 1 (SeC. 2.12 and 4.10) tiative in the preparation of the ballot title? Shall the Charter be amended to provide for partisan NO - 84 rather than non -partisan primaries and elections for the County Council and Executive? AMENDMENT 11 (Sec. 8.12) AMENDMENT 6 (Sec. 5.41) YES -104 * Shall the Charter be amended to provide that the YES -124 Shall the Charter be amended to allow the Council unexcused absence of a Charter Review Commissioner to amend as well as accept or reject an ordinance NO - 105 AMENDMENT 2 (SeC. 4.10) from three consecutive meetings create a vacancy NO -125 proposed by mini -initiative? if approved by two-thirds vote of the Commissioners? Shall the Charter be amended to provide for non- YES - 8/7 partisan, rather than partisan, primaries and elections for the Assessor, Auditor, Treasurer and Sheriff? AMENDMENT 7 (New Section) NO - 88 '- Shall the Charter be amended to provide that a pro- YES ' 1O/7 posed initiative failing to obtain the required signa- tures, but with enough signatures to qualify as a NO - 108 mini -initiative, be treated as a mini -initiative at the request of the proponents? AMENDMENT 3 (Sec.5.40) Shall the Charter be amended to provide the number of signatures required for an initiative be changed from fifteen (15%) percent of the votes cast in the AMENDMENT 12 SeC.4.30 YES' 92 10- ( ) County in the last gubernatorial election to ten (10%) Shall the Charter be amended to provide that the YES - 131 AMENDMENT 8 (New Section) percent of the number of voters registered in the County Council, Executive, Assessor, Auditor, Treas- County at the last general election? NO - 93 0- urer, Sheriff and Prosecuting Attorney be barred from Shall the Charter be amended to provide that the YES - 112 holding any other office or employment within -County NO - 132 Auditor give a number to each initiative, referendum government? and mini -initiative using a separate sequential series for each, such numbers not to be reissued once used? NO - 113 8 November 4, 1986 Whatcom County, Washington Proposed Amendments to Home Rule Charter (Continued) AMENDMENT 13 (Sec. 1.10) YES-135 Shall the Charter be amended to provide that "The enumeration of this Charter of certain rights shall NA - 136 not be construed to deny others reta)ned by the people"? YES -139 AMENDMENT 14 (New Section) Shall the language of the Charter be amended to be NO - 140 free of reference to gender? TURN OVER FOR NEXT PAGE VOTE ALL PAGES TO CONTINUE YOUR VOTING GO TO NEXT PAGE Phone 676•6690 384-1403 SCAN 644.6690 ///M COUNTY COUNCIL 311 Grand Avenue Bellingham, Washington 98225 W C MEMO TO: Shirley Forsolf, Elections FROM: Donald G. Hansey, Chairman DATE: July 28, 1986 SUBJECT: Proposed amendments to the Home Rule Charter G. J. Johnson R. W. "Bob'' Muenscher J. V. "Jim" Hawley, Jr. William P. Roehl Daniel M. Warner Tom Burton Council had received the proposed amendments to the Home Rule Charter from the Charter Review Commission on 7/24/86. A copy of the amendments are being forwarded to the Elections department for placement on the ballot (enclosed). Thank you for your prompt attention to this matter. If you have any questions please call the Council office. PROPOSED AMENDMENTS TO THE WHATCOM COUNTY HOME RULE CHARTER Amendment 1 (Sec. 2.12 and 4.10) Shall the Charter be amended to provide for partisan rather than non -partisan primaries and elections for the County Council and Executive? These offices are legislative and/or policy -making in nature, prioritizing use of County funds. The Commission believes that the voters could discern philosophical differences more easily if candidates were labeled as to party or Independent. Competition would be increased, thus further informing the voters as to the qualifications and views of the candidates. Amendment 2 (Sec. 4.10) Shall the Charter be amended to provide for non -partisan, rather than partisan, primaries and elections for the Assessor, Auditor, Treasurer and Sheriff? These offices are wholly administrative, and operate mostly under State law, and to a lesser extent, under the direction of the Executive and Council. The Commission believes that these offices would be better filled by candidates selected solely by their qualifications for the job rather than their political preferences. Amendment 3 (Sec. 5.40) Shall the Charter be amended to provide the number of signatures required for an initiative be changed from fifteen (15%) percent of. the votes cast in the County in last gubernatorial election to ten (10%) percent of the number of voters registered in the County at the last general election? In 1986, this would have lowered the number of signatures required from 7760 to 6193. The Commission expects the number to remain more constant from year to year than under the old system. Amendment 4 (Sec. 5.60) Shall the Charter be amended to provide that the number of signatures required for a referendum be reduced to six (6%) percent of the number of voters registered in the County at the last general election? The present requirement is 15% of the votes cast in the last gubernatorial election. In 1986, the proposed change would have lowered the number of signatures required from 7760 to 3716. Signature requirements for referendums are less than those for initiatives for Washington State and other Charter counties. Amendment 5 (Sec. 5.40) Shall the Charter be amended to require that the Prosecuting Attorney consult with petitioners of initiative in the preparation of the ballot title? The proponents of an initiative should have all possible input in the writing of a ballot title so that their intent and the legal implications of the initiative coincide. Amendment 6 (Sec. 5.41) Shall the Charter be amended to allow the Council to amend as well as accept or reject an ordinance proposed by mini -initiative? If the Council wishes to amend and enact a proposed ordinance, they need not first reject the mini -initiative. Amendment 7 (New Section) Shall the Charter be amended to provide that a proposed initiative failing to obtain the required signatures, but with enough signatures to qualify as a mini -initiative, be treated as a mini -initiative at the request of the proponents? This option is already available by ordinance, but the Commission thought the concept important enough to be given Charter status. Amendment 8 (New Section) Shall the Charter be amended to provide that the Auditor give a number to each initiative, referendum and mini -initiative using a separate sequential series for each, such numbers not to be reissued once used? The Commission hopes to eliminate confusion between one year's Referendum 1 and Initiative 1 and the previous year's Referendum 1 and Initiative 1. Amendment 9 (Sec. 8.11) Shall the Charter be amended to provide that a formal review of the County Charter occur every ten years? The words "at least" would be deleted to prevent election of a Charter Review Commission at intervals of less than ten years. The County and the public still have the right to petition to amend or repeal the Charter at any time. Amendment 10 (Sec. 8.12) Shall the Charter be amended to allow any vacancy which occurs on the Charter Review Commission be filled by the next highest recipient of votes from the district in which the vacancy occurred? This is a change from a more complicated method by which the Commission itself would select a Commissioner. The Commission believes that the new method would be more responsive to the voters' wishes. Amendment 11 (Sec. 8.12) Shall the Charter be amended to provide that the unexcused absence of a Charter Review Commissioner from three consecutive meetings create a vacancy if approved by two-thirds vote of the Commissioners? The Commission believes that a Commissioner who does not wish to serve fully should be replaced to give the voters of that district an active voice. Amendment 12 (Sec. 4.30) Shall the Charter be amended to provide that the County Council, Executive, Assessor, Auditor, Treasurer, Sheriff and Prosecuting Attorney be barred from holding any other office or employment within County government? The enumeration of these officials replaces the words "County elected officer. " There has been some confusion about the proper definition, and the amendment makes absolutely clear the intent of the freeholders. Amendment 13 (Sec. 1.10) Shall the Charter be amended to provide that "The enumeration of this Charter of certain rights shall not be construed to deny others retained by the people"? These words are taken from the United States and Washington State Constitutions, and are inserted as a response to public input. Amendment 14 (New Section) Shall the language of the Charter be amended to be free of references to gender? This is to comply with general practice in the wording of public documents. Submitted by the Whatcom County Charter Review Commission Comments (in italics) are those of the Commission and are not part of the ballot.