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HomeMy WebLinkAbout1995 - Charter Review Amendments Gen Election Nov 7, 1995Whatcom County Prosecuting Attorney David S. McEachran Chief Criminal Deputy Chief Civil Deputy Mac D. Setter Courthouse 311 Grand Avenue Randall J. Watts Criminal Deputies BELLINGHAM, WASHINGTON 98225-4079 Civil Deputies David M. Grant (206) 676-6784 Karen Nelson Frakes Craig D. Chambers Daniel L. Gibson T. Gregory Greenan Angela A. Cuevas Elizabeth L. Gallery -Fox David A. Graham Stephen J. Kozer Royce S. Buckingham Anthony S. Parise Eric J. Richey MEMORANDUM TO: Shirley Forslof, County Auditor1-1 FROM: Karen Frakes Civil Deputy Prosecuting Attorney RE: Ballot titles DATE: September 14, 1995 RZC SHIRv WHArcomo c FO SLO,, Sfp UNry A(/°noR `� 1995 I have prepared the following ballot titles for the proposed Charter amendments: Amendment 1 (Preamble) Shall the preamble of the Charter be amended to read that "... we, the citizens of Whatcom County, in order to have a government ' which advances justice, inspires confidence, and fosters responsibility, do adopt as the foundation of our govern- ment, this Charter"? Amendment 2 (New Section) Shall the Charter be amended to provide that the rights of each citizen be guaranteed under the federal and state constitutions and that no regulation or ordinance be gen- erated without consideration of and provisions for compensation to those unduly burdened? Amendment 3 (Section 1.30) Shall the Charter be amended to provide that a threshold of four full time equivalent County employees for each 1,000 residents be established by ordinance and fully implemented within two years, and that, if expansion of said threshold is necessary, it be submitted to the voters at the next general election? Amendment 4 (New Section) Shall the Charter be amended to provide for the separation of powers between the executive and legislative branches, and to require that the executive and legislative branches engage 'in long-term strategic planning to establish organizational struc- ture, priorities, and performance measurements? Amendment 5 (Section 2.24) Shall the Charter be amended to more clearly establish that the County Executive, as opposed to the County Council, has supervisory responsibility over county employ- ees within the executive branch? Amendment 6 (New Section) Shall the Charter be amended to provide that the County Council, by ordinance, cre- ate and maintain a system of establishing comprehensive plans, zoning regulations, and other land use regulations, create an office within the legislative branch to assist the County Council in carrying out said system, and create a Planning Commission to advise the County Council in carrying out said system? Amendment 7 (Sections 5.40, 5.60, 8.22) Shall the Charter be amended to provide that the number of signatures required for an initiative and a referendum be changed to seven (7) percent of the votes cast in the county in the last general election, and to provide that an initiative to amend the Charter bear the signatures of registered voters equal in number to, but not less than, twenty (20) percent of the votes cast in the county in the last general election? Amendment 8 (Sections 5.40, 5.60, 8.22) Shall the Charter be amended to provide that the one hundred and twenty (120) day period to collect signatures for an initiative, a referendum, and an initiative to amend the, Charter begin upon receipt of official notification to the petitioner by the Prose- cuting Attorney's Office and that, if the last day for collecting signatures falls on a weekend or legal holiday, the one hundred and twenty (120) day period extend to the end of the next business day? Amendment 9 (Section 6.41) Shall the Charter be amended to require that the County Executive submit to the County Council a written report showing the relation between estimated income and expenses and actual income and expenses to date within six weeks following the end of each quarterly period during the fiscal year, rather than at the beginning of each quarterly period? Amendment 10 (Section 6.60) Shall the Charter be amended to provide that once the annual budget has been ap- proved, the Executive shall need no further authorization to expend the funds appro- priated? Amendment 11 (Section 8.11) Shall the Charter be amended to provide that candidates for the Charter Review Commission appear on all ballots as drawn by lot and that qualified voters of the re- spective districts vote only for candidates from their district at the general election? Amendment 12 (Section 8.23) Shall the Charter be amended to provide that, after a public hearing, the County Council may, by ordinance passed by a unanimous vote of the entire Council, effect an amendment to the language of the Charter where the passage of time has ren- dered language moot or obsolete? -IMME Mir AGEL Whatcom County Charter Review Commission C/O Whatcom County Council Office • 311 Grand Avenue • Bellingham, WA 98225 (360) 676-6690 • County: (360) 384-6637 • FAX (360) 738-2550 • SCAN 769-6690 PROPOSED AMENDMENTS TO THE HOME RULE CHARTER OF WHATCOM COUNTY The Following information contains the Official Ballot Title and the text of the proposed amendment. Items deleted are indicated by stfileoxt, and items added by Charter A m endm ents, Page I CHARTER AMENDMENT # 1 (Preamble) Shall the preamble of the Charter be amended to read that "...we the citizens of Whatcom County, in order to have a government that advances justice, inspires confidence, and fosters responsibility, do adopt as the foundation or our government, this Charter"? 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 government; which advan'lustice inspires confidence; and fosters Selfresponsibility, do adopt as the foundation of our government, this Charter. CHARTER AMENDMENT #2 (New Section) Shall the Charter be amended to provide that the rights of each citizen be guaranteed under the federal and state constitutions and that no regulation or ordinance be generated without consideration of and provisions for compensation to those unduly burdened? Section 1.11'`'Citizens' Rights The rights of the individual. citizen shall be guaranteed under the Constitutions of the United States and the State of Washington. No regulation or ordinance shall be generated without consideration of and provisions for compensation to those unduly burdened. CHARTER AMENDMENT #3 (Section 1.30) Shall the Charter be amended to provide that a threshold of four full time equivalent County employees for each 1,000 residents be established by ordinance and fully implemented within two years, and that, if expansion of said threshold is necessary, it be submitted to the voters at the next general election? 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. To protect the interests of the citizens, impede unchecked growth in regulation and expense, and provide a basis for allocation of >county resources, a threshold of ,four Full Time Equivalent County Employees shall be allowed for each 1,000 residents. In the event this threshold needs expansion, said activity must be submitted to the voters by the County Council at the next general election. The Council shall enact ordinances to implement this amendment. The ordinances shall Charter Amendments, Page 2 estab&' a schedule to provide for full implementation within two years' from the effective date of this amendment. 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. CHARTER AMENDMENT #4 (New Section) Shall the Charter be amended to provide for the separation of powers between the executive and legislative branches, and to require that the executive and legislative branches engage in long-term strategic planning to establish organizational structures, priorities, and performance measurements? Section 1.50 Separation of Powers and Cooperafion'of Pranches' There shall be separation of powers into two branches of government: executive and legislative. Both branches are to dutifully fulfill their responsibilities and ,refrain from overexteqft .their authority, as defined in this Charter. Though powers are distributed to the respective branches, each branch shall strive to work with the other branch for a unified government for the Deople of Whatcom County Section 1.51 Performance and Strategic Planning The executive and legislative branches shall engage in long-term strategicplanning to establish organizational structure, priorities, and performance measurements. The County Executive shall present an annual report during the first week of May. CHARTER AMENDMENT #5 (Section 2.24) Shall the Charter be amended to more clearly establish that the County Executive, as opposed to the County Council, has supervisory responsibility over county employees within the executive branch? Section 2.24 - Relationship with Other Branches Except in the P ee exercise of its legislative €anetiens powers under this Charter,'.. defined in Section' 2.20, the County Council, its staff, and individual council members shall not interfere in the administration of the executive branch. They shall not give orders to or direct, either publicly or privately, any officer, or employee subject to the direction and supervision of the County Executive, executive' branch, or other elected official. t feeraction'between the County Council, its staff and individual Council Members, and those officers and employees within the executive branch shall follow procedures agreed to by the County Executive and the County Council. Charter Amendments, Page 3 CHARTER AMENDMENT #6 (New Section) Shall the Charter be amended to provide that the County Council, by ordinance, create and maintain a system of establishing comprehensive plans, zoning regulations, and other land use regulations, create an office within the legislative branch to assist the County Council in carrying out said system, and create a Planning Commission to advise the County Council in carrying out said system? 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 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. (Amended by Referendum 1986) A.RTICLE'8 PLANNING AND ZONING Section 8.10 Purpose The County Council shall, by ordinance, create and maintain a system of establishing comprehensive plans, zoning regulations, and other land use regulations including capital improvement and economic development plans, for the present and future development of the County. Charter Amendments, Page 4 Section $20"'Ung ' ge Planning Office The County Council shall, by ordinance, create an d ice within the legislative branch to assist the County Council in carrying out the purposes set forth .in Section 8.10. The implementation of those plans and regulations shall be adzninistered_by the Executive branch, Section`8.30 Planning Commission The County Council shall, by ordinance, create a Planning Commission to advlse'the Cbunty Council in carrying out the purposes set forth in Section 8.10. Appointment of the Planning Comtission shall be made by the County Council'. `DECLARED, that' file current Article 8 and Article 9 will be renumbered to Articles 9 and 10 respectively, and all subsections corrected accordingly. CHARTER AMENDMENT #7 (Sections 5.40, 5.60, 8.22) Shall the Charter be amended to provide that the number of signatures required for an initiative and a referendum be changed to seven (7) percent of the votes cast in -the county in the last general election, and to provide that an initiative to amend the Charter bear the signatures of registered voters equal in number to, but not less than, twenty (20) percent of the votes cast in the county in the last general election? 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 €iteen-(1 seven(7) percent of the votes cast in the county 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 the second issue shall be deemed approved. If a majority of those voting Charter Amendments, Page 5 on the first issue is for rejecting both, then neither measure shall be approved regardless of the vote on the second issue. (amended by Referendum 1986; Ord.93-046 (part)) 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 registered voters of the county equal in number to not less than fifteen (13) seven (7) percent of the number of votes cast in the county in the last gubor„tefia4 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 petitions. 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 general 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. CHARTER AMENDMENT #8 (Sections 5.40, 5.60, 8.22) Shall the Charter be amended to provide that the one hundred and twenty (120) day period to collect signatures for an initiative, a referendum, and an initiative to amend the Charter begin upon receipt of official notification to the petitioner by the Prosecuting Attorney's Office and that, if the last day for collecting signatures falls on a weekend or legal holiday, the one hundred and twenty (120) day period extend to the end of the next business day? 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 Charter Amendments, Page 6 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 in the last general election. The: one huridxed and twenty'(120) day period shall`begin t# the endii af`the nix# business day. 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 the 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 by Referendum 1986; Ord.93-046 (part)) 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 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 general election. The one hundred and twenty (720) day, period shall begin upon receipt of official 'notification to petitioner(s) by the Charter Amendments, Page 7 eviiecting signatures falls on a weekend or legal holiday, 'then the orie hundred and twenty (720) day period shall extend to the end of the 'next business day. 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 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. The one hundred and, twenty (120) day period shall`begin' upon receipt of official notification to petitioners) by the Prosecuting Attorney's Office either by certified ifiiil or messenger. If the last day for collecting signatures falls on a weekend or legal holiday, tfieri the one',hundred and twenty (120) day pcnod shall extend to the end df tbe.nexl bustness day.. CHARTER AMENDMENT #9 (Section 6.41) Shall the Charter be amended to require that the County Executive submit to the' County Council a written report showing the relation between estimated income and expenses and actual income and expenses to date within six weeks following the end of each quarterly period during the fiscal year, rather than at the beginning of each quarterly period? Section 6.41 Budget Control. Within six weeks following the end 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 contractual obligations and for debt, interest and other fixed charges, to such a degree as may be necessary to keep expenditures within the cash income. CHARTER AMENDMENT # 10 (Section 6.60) Shall the Charter be amended to provide that once the annual budget has been approved, the Executive shall need no further authorization to expend the funds appropriated? 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 Charter Amendments, Page 8 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. Oncee annuaibudget has' . been approved, the Executive 'sball need no further author=tionlo expend the funds appropriated. CHARTER AMENDMENT # 11(Section 8.11) Shall the Charter be amended to provide that candidates for the Charter Review Commission appear on all ballots as drawn by lot and that qualified voters of the respective districts vote only for candidates from their district at the general election? Section 8.11 Election and Period of Office. At least 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 qualified voters of the:. respective districts shall vote only for candidates from their district at the general election. Candidates' names shall appear on all ballots as drawn by lot. 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. (Ord. 93-045; amended by Referendum 1986) CHARTER AMENDMENT # 12 (Section 8.23) Shall the Charter be amended to provide that, after a public hearing, the County Council may, by ordinance passed by a unanimous vote of the entire Council, effect an amendment to the language of the Charter where the passage of time has rendered language moot or obsolete? 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. 'Tbe. County Council by unanimous vote of the entire Council may effect amendments to the language of the Charter where the passage of time has rendered language mot or obsolete. Such changes shall be made by ordinance, and have a public hearing. Charter Amendments, Page 9 CLERK OF THE COUNCIL Dana Brown -Davis BUDGET/PROGRAM ANALYST Bob Woods WHATCOM COUNTY COUNCIL COURTHOUSE 311 Grand Avenue Bellingham, WA 98225-4038 July 20, 1995 MEMORANDUM TO: Shirley Forslof, County Auditor FROM: Robert Imhof, County Council Chair SUBJ: Proposed Charter amendments. COUNCIL MEMBERS Barbara E. Brenner Marlene Dawson Larry Harris Kenneth R. Henderson Robert A. Imhof Ward Nelson Alvin Starkenburg The resolution proposing Charter amendments was not approved by the Council, at its July 18 meeting. As required by law, we are forwarding the proposed Charter amendments to be placed on the ballot for the next general election. Attached is the failed resolution, and the final proposed amendments to the Home Rule Charter. Thank you. Enc. c: Shirley VanZanten, County Executive Kathy Sutter, Chair of Charter Review Commission Dana Brown -Davis, Council Clerk AB 95-55A g:\BI\95-55a Phone: (360) 676-6690 County: (360) 384-6637 TDD: (360) 738-4555 FAX: (360) 738-2550 WHATCOM COUNTY AUDITOR'S OFFICE COUNTY COURTHOUSE P.O. Box 398 Bellingham, WA 98227-0398 July 24, 1995 MEMO TO: FROM: SUBJECT: SHIRLEY FORSLOF AUDITOR TERRY HINZ CHIEF DEPUTY Dan Gibson, Civil Deputy Prosecuting Attorney Shirley Forslof, County Auditor Ballot Titles for Proposed Charter Amen ments Attached is a failed resolution from the Whatcom County Council proposing Charter Amendments for submittal to the voters at the November General Election and Attachment "A" Final Proposed Amendments to the Home Rule Charter To the Voters of Whatcom County. Also enclosed is a letter of transfer from the chair of the County Council to the Auditor. Please prepare ballot titles for the twelve proposed Charter Amendments for submittal to the voters of Whatcom County at the November 7, 1995 General Election. If you have any questions, please call me. c: Shirley Van Zanten, County Executive Kathy Sutter, Chair of Charter Review Commission Dana Brown Davis, Council Clerk Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (360) 676-6740 (360) 676-6741 (360) 676-6742 (360) 676-6743 (360) 738-4556 charter.res 6/29/95 SPONSORED BY: Consent PROPOSED BY: Charter Review Commission INTRODUCTION DATE: 1 RESOLUTION NO. 2 PROPOSED CHARTER AMENDMENTS 3 FOR SUBMITTAL TO THE VOTERS 4 AT THE NOVEMBER GENERAL ELECTION 5 WHEREAS, pursuant to the provisions of the Whatcom County Home Rule Charter 6 Section 8.11, at the November 1994 General Election, 15 individuals were selected by the 7 voters of Whatcom County to serve as their elected Commissioners for purposes, of 8 reviewing the Whatcom County Charter; and 9 WHEREAS, in accordance with the responsibilities placed upon them, the 10 Commissioners of the Whatcom County Charter Review Commission began in January of 11 1995 their deliberation and review of possible amendments to the County Charter; and 12 WHEREAS, after much deliberation and often spirited debate, the Commissioners 13 have developed a list of proposed amendments, each of which has received a recorded vote 14 of approval by a majority of Commissioners, affirming that the Commission feels that these 15 amendments merit the serious consideration of the voters as potential changes to the County 16 Charter; and 17 WHEREAS, pursuant to Section 8.21 of the Whatcom County Charter, the Charter 18 Review Commission has transmitted the full and complete proposed text .of all amendments 19 to the County Council as required by law; 20 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that, 21 in accordance with the requirements placed upon the Whatcom County Council in Section 22 8.21 of the Whatcom County Charter, the County Council hereby submits the proposed 23 amendments detailed in Attachment A to the voters and refers this resolution to the County 24 Auditor for inclusion of the issues on the ballot in the November 1995 General Election. 25 APPROVED this day of , 1995. Page 1 1 WHATCOM COUNTY COUNCIL 2 ATTEST: WHATCOM COUNTY, WASHINGTON 3 4 5 Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: 6 &. d. �' A�" 7 Civil Deputy Prosecutor Page. 2 Robert A. Imhof, Council Chair ( ) Approved ( ) Denied i' A'Auk 14P!t Whatcom County Charter Review Commission C/O Whatcom County Council Office • 311 Grand Avenue • Bellingham, WA 98225 (360) 676-6690 • County: (360) 384-6637 • FAX (360) 738-2550 • SCAN 769-6690 ATTACHMENT A FINAL PROPOSED AMENDMENTS TO THE HOME RULE CHARTER TO THE VOTERS OF WHATCOM COUNTY 1 CHARTER AMENDMENT #1 2 PREAMBLE 3 Treasuring the many wonders of our unique environment and realizing that the power and duty 4 to govern and protect this region is inherent in its people, we, the citizens of Whatcom County, 5 in order to have a more responsible a beaer irate government, which �f"11 6 inspires confidencey and fosters self do adopt as the foundation of our 7 government, this Charter. 8 CHARTER AMENDMENT #2 9 10 11 12 13 CHARTER AMENDMENT #3 14 Section 1.30 Construction. 15 The power of the County shall be liberally construed; it is intended that this Charter confer the 16 greatest power of local self-government consistent with the Constitution of the State. Specific 17 mention of a particular power or authority shall not be construed as a limitation on general power 18 of the county, but shall be considered as an addition to and supplementary to or explanatory of 19 the powers conferred in general terms by this charter. 20 21 22 23 24 Charter Amendments, Page 1 2,5 26 27 28 References to adoption of ordinances by the County Council shall not be construed as impairing 29 the right of the people to initiate or refer ordinances. The word "law" shall mean the Constitution 30 and laws of the State of Washington unless context indicates otherwise. 31 CHARTER AMENDMENT #4 32 33 34 35 36 37 38 39 40 41 42 CHARTER AMENDMENT #5 43 Section 2.24 - Relationship with Other Branches 44 Except in the peFfer-manee VIM of its legislative fimetions 4M under this Charter, 45 the County Council, its staff, and individual council members shall not 46 interfere in the administration of the 47�i�/ give orders to or direct, either publicly or privately, any officer, or employee 48 subject to the direction and supervision of the County Executive, ��MVIII or other 49 elected official. 50 51 52 53 CHARTER AMENDMENT #6 54 Section 3.22 Poweis and Duties. 55 As Chief. Executive Officer, the County Executive shall have all the executive powers of the 56 county which are not expressly vested in other specific elective officers by this Charter. The 57 County Executive shall have the power to: CharterAmendments, Page 2 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 (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 ce prehensive plans inel ,ding 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. (Amended by Referendum 1986) Ee�vl//' �li,G��/iG�(i%� �i��i� �' �Giv%Y(G �I�l . 9 f! � Gi �! 'I. � 1 ✓� v.' .�� IB.: Charter A m endm ents, Page 3 92 CHARTER AMENDMENT ##7 93 Section 5AO Initiative - Procedures. 94 Any legal voter or organization of legal voters of Whatcom County may file an initiative proposal 95 with the County Auditor, who within five (5) days, excluding Saturday, Sunday and holidays, 96 shall confer with the petitioner to review the proposal as to form and style. The Auditor shall 97 give the proposed initiative a number, which shall thereafter be the identifying number for the 98 measure. The Auditor shall then transmit a copy of the proposal to the Prosecuting Attorney, who 99 within ten (10) days after receipt thereof, in consultation with the petitioner shall formulate a 100 concise statement, posed as a positive question, not to exceed twenty (20) words, which shall 101 express and give a true and impartial statement of the purpose of the measure. Such concise 102 statement will be the ballot title. The petitioner then has one hundred and twenty (120) days to 103 collect the signatures of the registered voters in the county equal in number to not less than 104 fifteen (1-5) percent of the votes cast in the county in the last general election. Each 105 petition shall contain the full text of the proposed measure, ordinance or amendment, to an 106 ordinance and the ballot title. The Auditor shall verify the sufficiency of the signatures on the 107 petition and, if it is validated, submit the proposal to the people at the next general election that 108 is not less than one hundred and twenty (120) days after the registering of the petition, unless the 109 County Council enacts the proposal without change or amendment. If the County Council does 110 not adopt the proposed measure and adopts a substitute measure concerning the same subject III matter, the substitute proposal shall be placed on the same ballot with the initiative proposal; and 112 the voters shall be given the choice of accepting either or rejecting both and shall then be given 113 the choice of accepting one and rejecting the other. If a majority of those voting on the first issue 114 is for accepting either, then the measure receiving the majority of the votes cast on the second 115 issue shall be deemed approved. If a majority of those voting on the first issue is for rejecting 116 both, then neither measure shall be approved regardless of the vote on the second issue. (amended 117 by Referendum 1986; Ord.93-046 (part)) 118 Section 5.60 Referendum - Procedures. 119 Any legal voter, or organization of legal voters of Whatcom County may file a referendum 120 proposal, against any enacted ordinance or portion thereof, with the County Auditor. The proposal 121 shall be presented to the Auditor within forty-five (45) days after the ordinance is passed by the 122 County Council. 123 Within five (5) days, excluding Saturday, Sunday and holidays, the Auditor shall confer with the 124 petitioner to review the proposal as to form and style. The Auditor shall give the referendum 125 proposal a number, which shall thereafter be the identifying number for the measure. The Auditor 126 shall then transmit a copy of the proposal to the County Prosecuting Attorney, who within ten 127 (10) days after receipt thereof, shall formulate a concise statement, posed as a question, not to 128 exceed twenty (20) words, which shall express and give a true and impartial statement of the 129 measure being referred. Such concise statement will be the ballot title. Charter A m endm en ts, Page 4 130 The petitioner then has one hundred and twenty (120) days to collect the signatures of registered 131 voters of the county equal in number to not less than fifteen (IS) � Percent of the number 132 of votes cast in the county in the last g-ubefnatori4 election. Each petition shall contain 133 the full text of the measure being referred and the ballot title. The Auditor shall verify the 134 sufficiency of the signatures on the petition and, if it is validated, submit the measure' to the 135 people at the next general election that is not less than one hundred and twenty (120) days after 136 the registering of the petitions. 137 Section 8.22 Amendments by the Public. 138 The public may propose amendments to the charter by registering with the Auditor an initiative 139 petition bearing the signatures of registered voters of the county equal in number to, but not less 140 than, twenty (20) percent of the number of votes cast in the county in the last g-ubernvatorial 141 FfjW, election. Signatures shall be registered not more than one hundred twenty (120) days 142 following filing of the petition with the Auditor, who shall submit the amendments to the voters. 143 CHARTER AMENDMENT #8 144 Section 5.40 Initiative - Procedures. 145 Any legal voter or organization of legal voters of Whatcom County may file an initiative proposal 146 with the County Auditor, who within five (5) days, excluding Saturday, Sunday and holidays, 147 shall confer with the petitioner to review the proposal as to form and style. The Auditor shall 148 give the proposed initiative a number, which shall thereafter be the identifying number for the 149 measure. The Auditor shall then transmit a copy of the proposal to the Prosecuting Attorney, who 150 within ten (10) days after receipt thereof, in consultation with the petitioner shall formulate a 151 concise statement, posed as a positive question, not to exceed twenty (20) words, which shall 152 express and give a true and impartial statement of the purpose of the measure. Such concise 153 statement will be the ballot title. The petitioner then has one hundred and twenty (120) days to 154 collect the signatures of the registered voters in the county equal in number to not less than 155 fifteen (15) percent of the votes cast in the county in the last general election. "�, 156 157 158 159 Each petition shall contain the full 160 text of the proposed measure, ordinance or amendment to an ordinance and the ballot title. The 161 Auditor shall verify the sufficiency of the signatures on the petition and, if it is validated, submit 162 the proposal to the people at the next general election that is not less than one hundred and 163 twenty (120) days after the registering of the petition, unless the County Council enacts the 164 proposal without change or amendment. If the County Council does not adopt the proposed 165 measure and adopts a substitute measure concerning the same subject matter, the substitute 166 proposal shall be placed on the same ballot with the initiative proposal; and the voters shall be 167 given the choice of accepting either or rejecting both and shall then be given the choice of 168 accepting one and rejecting the other. If a majority of those voting on the first issue is for 169 accepting either, then the measure receiving the majority of the votes cast on the second issue 170 shall be deemed approved. If a majority of those voting on the first issue is for rejecting both, Charter A m endm ents, Page 5 171 then neither measure shall be approved regardless of the vote on the second issue. (amended by 172 Referendum 1986; Ord.93-046 (part)) 173 Section 5.60 Referendum - Procedures. 174 Any • legal voter, or organization of legal voters of Whatcom County may file a referendum 175 proposal, against any enacted ordinance or portion thereof, with the County Auditor. The proposal 176 shall be presented to the Auditor within forty-five (45) days after the ordinance is passed by the 177 County Council. 178 Within five (5) days, excluding Saturday, Sunday and holidays, the Auditor shall confer with the 179 petitioner to review the proposal as to form and style. The Auditor shall give the referendum 180 proposal a number, which shall thereafter be the identifying number for the measure. The Auditor 181 shall then transmit a copy of the proposal to the County Prosecuting Attorney, who within ten 182 (10) days after receipt thereof, shall formulate a concise statement, posed as a question, not to 183 exceed twenty (20) words, which shall express and give a true and impartial statement of the 184 measure being referred. Such concise statement will be the ballot title. 185 The petitioner then has one hundred and twenty (120) days to collect the signatures of registered 186 voters of the county equal in number to not less than fifteen (15) .percent of the number of votes 187 cast in the county in the last general election. 188 189� 191 y Each petition shall contain the full text of the measure being referred and the 192 ballot title. The Auditor shall verify the sufficiency of the signatures on the petition and, if it is 193 validated, submit the measure to the people at the next general election that is not less than one 194 hundred and twenty (120) days after the registering of the petitions. 195 Section 8.22 Amendments by the Public. 196 The public may propose amendments to the charter by registering with the Auditor an initiative 197 petition bearing the signatures of registered voters of the county equal in number to, but not less 198 than, twenty (20) percent of the number of votes cast in the county in the last gubernatorial 199 election. Signatures shall be registered not more than one hundred twenty (120) days following 200 filing of the petition with the Auditor, who shall submit the amendments to the voters. 201 , 202 ' 203 ME 204 205 CHARTER AMENDMENT #9 206 Section 6.41 Budget Control. 207 A-t-41i"egi-niling-©f--ac aeterly � � ' �� �� 'i����� period Charter Amendments, Page 6 208 during the fiscal year, and more often if required, the County Executive shall submit to the 209 County Council a written report showing the relation between the estimated income and expenses 210 and actual income and expenses to date; and if it shall appear that the income is less than 211 anticipated, the Council may reduce appropriations, except amounts required to meet contractual 212 obligations and for debt, interest and other fixed charges, to such a degree as may be necessary 213 to keep expenditures within the cash income. 214 CHARTER AMENDMENT #10 215 Section 6.60 Consideration and Adoption of the Budget 216 Prior to the adoption of any appropriation ordinances for the next fiscal year, the County Council 217 shall hold a public hearing to consider the budget presented by the County Executive and shall 218 hold any other public hearings on the budget or any part thereof that it deems advisable. The 219 Council in considering the appropriation ordinances proposed by the Executive, may delete or 220 add items, may reduce or increase the proposed appropriations and may add provisions restricting 221 the expenditure of certain appropriations; but it shall not change the form of the proposed 222 appropriation ordinances submitted by the Executive. The appropriation ordinances adopted by 223 the County Council shall not exceed the estimated revenues of the county for the next fiscal year 224 for each fund including surpluses and reserves, but the Council may increase the amount of the 225 estimated revenues contained in the budget presented by the Executive by reestimating the 226 amount by motion passed by a minimum of five (5) affirmative votes or by creating additional 227 sources of revenue which were not included in the proposed tax and revenue ordinances presented 228 by the Executive229 230 CHARTER AMENDMENT ill 231 Section 8.11 Election and Period of Office. 232 At least every ten (10) years after the adoption of this Charter, the County Council shall cause 233 an election of a Charter Review Commission, hereinafter referred to as the Commission. The 234 Commission shall consist of fifteen (15) persons, an equal number from each Council district. zo 235 There shall be no filing fee nor shall there be a primary. �M ��� 237� .��� �, �, The member of the Commission who receives 238 the greatest number of votes shall convene the Commission. The term of office shall be one year. 239 The Commission shall meet at such times and in such places as it deems appropriate upon having 240 given public notice. (Ord. 93-045; amended by Referendum 1986) 241 CHARTER AMENDMENT #12 242 Section 8.23 Amendments by the County Council. 243 The County Council may propose amendments to the Charter by enacting an ordinance to submit 244 a proposed amendment to the voters at the next November general election occurring at least Charter A m endm ents, Page 7 245 ninety (90) days after enactment. A minimum of five (5) affirmative votes shall be required to 246 enact such an ordinance. An ordinance proposing an amendment to the Charter shall not be 247 subject to the veto power of the County Executive. 248 249 250 251 gAcharterVinamend.706 Charter A m endm ents, Page 8 Whatcom County Charter Review Commission C/O Whatcom County Council Office • 311 Grand Avenue • Bellingham, WA 98225 (360) 676-6690 • County: (360) 384-6637 • FAX (360) 738-2550 • SCAN 769-6690 July 7, 1995 To the Honorable Members of the Whatcom County Council: In fulfillment of our mandate under Section 8 of the Whatcom County Charter we, the undersigned members of the Whatcom County Charter Review Commission, do. hereby transmit to you our determination of issues to be put forth as amendments to the Home Rule Charter for consideration by the citizens of Whatcom County at the November General Election. The information presented to you includes a resolution prepared for your adoption which contains, in Attachment A, the full and complete text of the proposed amendments. Under Section 8.21 of the Whatcom County Charter, you are now charged with the responsibility for placing these issues on the ballot. The Commission would like to thank the citizens, officials, and staff of Whatcom County for their involvement in the Charter Review Process. We ask that all members of the community be involved in investigating and debating the issues that we have put forth for their consideration, and that they exercise their right to vote. Kathy Sutte raid Elenbaas, Vice -Chair K6�it� Ahrens Ron Polinder Mary Stender A Danna Beech Orphalee Smith e7 '::� Terry Un er ith, Secretary gAcharterkounci1.707