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HomeMy WebLinkAbout2011 - Charter Amendment No. 1 Salary Commision General Election Nov 8, 2011-Passed 60.95%// - f "aC7 // Ballot Measure Submitted Checklist == Attach to front of folder I A04-10\"" 3 LA Ballot Measure Submitted: Date Initial Notes l: �i�( Submitted by: ('okw tic Cocr-» OK_ Dee r.&,w - eUr 'CA lest Contact Phone #: G7G G po If submitted by mail �v�3p Email Address: obtains this info Checks signed by Commissioners q -1 t Date Stamps Submittal, Makes copy for filer If Document Calling for an election is included in the submittal, have Auditor or Deputy Auditor sign - 11 Receipt & gives to original filer; if submitted by mail returns to submitter 7- 9- ii With another staff member, confirms everything complete A IV Creates folder (See Steps 6-9 in PROC) Election Clerk prepares letter to the Pros Atty with copy of measure and receipt (county & districts only); gives folder to CDA for review. 7--.27- // 12 Gives copies of proposed measure to Auditor & Election Supervisor j� CDA routes folder to Auditor after review Auditor signs letter and hand delivers packet to the Prosecuting Attorney Date stamps returned letter of approval from Pros Atty Reviewed by Auditor; assigns number Letter sent (certified mail) to submitter after Ballot approval; mails copies to any other requestors. Completes Certificate of Mailing 61 ep? E'vtd l� Set -Up in EIMS � Mo Ballot Layout Created / Completed After Election Copy of Canvass Report sent to submitter of ballot issue Obtain Receipt from Treasurer & Assessor of results If school issue, send copy of canvass report to Supt of Public Instruction (form SPI M-466) j5�'�o95� I:\Policies & Procedures\Elections\02—Pre-Election\02_Filing - Ballot Measures\FRM Ballot Measure CHECKLIST.docUpdated 07-19-2011 Certificate of Mailing C/'�/vc-1-<- W A letter regarding the exact ballot title and the headings to be used ward by Sri mail to sX 1 n sr �cs� `?^ er c�c'-xr on Copies of the letter was provided to other parties by regular mail, email or fax Name of party Date: Mailed, emailed or Initial of faxed Sender (Attach copies for receipt of certified mail from post office) Dated this 51day of at Bellingham, Washington. Rtpntp- A it r I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM Certificate of Mailing- Exact title.doc Adopted 4/14/2010 WHATCOM COUNTY AUDITOR'S OFFICE OFFICIAL CANVASS of the General and Special Election held Tuesday, November 8, 2011, in Whatcom County, Washington, for the purpose of submitting to the qualified electors of the county an amendment to the Whatcom County Charter to establish an independent salary commission to fix the compensation of Whatcom County elected officials. CERTIFICATION OF CANVASSING BOARD STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM THIS IS TO CERTIFY that we, as the Whatcom County Canvassing Board, have completed the canvass of votes as it pertains to the General and Special Election held in the precincts within the boundaries of Whatcorn County, Washington, on the 8tr day of November 2011 and the results are as follows: Whatcom County Whatcom County Charter Amendment No.1 (Submitted by the County Council) Salary Commission The Whatcom County Council has proposed an amendment to the Whatcom County Charter concerning establishment of an independent salary commission. This measure would establish an independent salary commission to fix the compensation of Whatcom County elected officials, subject to a referendum by the people. Should this proposal be approved? YES «■ ■y NO 4M 04 Actual Results: Yes — 37,073 60.95% No — 23,754 39.05% Passed 60.95% The canvass has been completed this 29th day of November 2011. WHATCOM COUNTY CANVASSING BOARD C Whatcom Count u;ditr u U 4 C 01 C) County Legiglafive hority AT 0 F - 0 . Cou&y'rosecuting Attorney Page 2 WHATCOM COUNTY AUDITOR'S OFFICE Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Email: Auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor August 16, 2011 �GOM CO 3� 1 i 9Sh1NG�0 SHIRLEY FORSLOF COUNTY AUDITOR To: Sam Crawford, County Council Chair From: Shirley Forslof, County Auditor RE: Charter Amendment — Salary Commission — Explanatory Statement for the Whatcom County General Election Local Voters' Pamphlet prepared by Royce Buckingham, Attorney for the Whatcom County Auditor DEBBIE ADELSTEIN CHIEF DEPUTY Phone: 360-676-6740 FAX: 360-738-4556 The County Council currently sets salaries for County elected officials. This proposal would establish an independent citizens' commission on salaries for elected officials. If passed, this commission would meet every two years and fix the salaries for the County Council, Executive, Assessor, Auditor, Prosecuting Attorney, Sheriff and Treasurer. The County Council would no longer set salaries. Salaries set by the commission would still be subject to other applicable laws and limitations. The above statement differs from the original explanatory statement in that the quotation marks have been removed from citizens' commission on salaries for elected officials. Licensing Recording Elections Administrative/Internal Audit Licensing@co.whatcom.wa.us Recording@co.whatcom.wa.us Elections@co.whatcom.wa.us 360-676-6744 360-676-6740 360-676-6740 360-676-6742 360-676-6740 ext 50065 Try 360-738-4555 WHATCOM COUNTY PROSECUTING ATTORNEY DAVID S. McEACHRAN CHIEF CRIMINAL DEPUTY Mac D. Setter ASST. CHIEF CRIMINAL DEPUTY Warren J. Page CRIMINAL DEPUTIES Craig D. Chambers Elizabeth L. Gallery David A. Graham Eric J. Richey James T. Hulbert Ann L. Stodola Jeffrey D. Sawyer Anna Gigliotti Shannon Connor Christopher D. Quinn David E. Freeman Kari Hathorn Kyle Moore Dona Bracke Kristen Reid August 3, 2011 Whatcom County Courthouse 311 Grand Avenue, Second Floor Bellingham, Washington 98225-4079 (360) 676-6784 / FAX (360) 738-2532 COUNTY (360) 398-1310 ASST CHIEF CIVIL DEPUTY Daniel L. Gibson CIVIL DEPUTIES Karen L.Frakes Royce Buckingham CIVIL SUPPORT ENFORCEMENT DEPUTIES Angela A. Cuevas n � � Dionne M. Clasen L L APPELLATE DEPUTIES Kimberly Thulin Hilary A. Thomas 1 To: Shirley Forslof From: Royce Buckingham, Attorney for the Whatc ADMINISTRATOR Kathy Walker r om County Auditor RE: Charter Amendment — Salary Commission - Explanatory Statement Below is a proposed Explanatory Statement for the amendment. The County Council curyently sets Sala ies for County elected officials. This propos would esta 'sb an in ependentJ'`ci tens' commission on salaries for electe officials?,/If pa sed, this commission would meet every two years and fix the salarie ounty Council, Executive, Assessor, Auditor, Prosecuting Attorney, Sheriff, and Treasurer. The County Council would no longer set salaries. Salaries set by the commission would still be subject to other applicable laws and limitations. Please notify the Council. If we receive no comments, the above language is approved by me. If we receive comments and have time to revise, I will review those comments, either a new statement or affirm the above statement. Sincerely, -� Royce Buckingham Attorney for the Whatcom County Auditor p,iCer revision, antes ovide r 1 WHATCOM COUNTY 4com coG SHIRLEY FORSLOF AUDITOR'S OFFICE 3sP ti� COUNTY AUDITOR Whatcom County Courthouse DEBBIE ADELSTEIN 311 Grand Avenue, Suite 103 CHIEF DEPUTY Bellingham, WA 98225-4038 ty 2 9SH I N G�� Email: Auditor@co.whatcom.wa.us Phone: 360-676-6740 Internet: www.whatcomcounty.us/auditor FAX: 360-738-4556 MEMO TO: Sam Crawford, County Council Chair FROM: Shirley Forslof, County Auditor DATE: August 4, 2011 RE: Explanatory Statement for Whatcom County General Election Local Voters' Pamphlet for Whatcom County Charter Amendment No. 1 Attached is the proposed Explanatory Statement for Whatcom County Charter Amendment No. 1 proposed by Royce Buckingham for the November 8, 2011 Whatcom County Local Voters' Pamphlet. Royce Buckingham requested that I notify the County Council of the proposed Explanatory Statement and if he receives no comments, the proposed language is approved by him. . The explanatory statement will tell what the current law is and what the results of passage of the ballot measure would be. The explanatory statement for the LVP will not exceed one hundred (100) words. If the Council has any suggestions for changes to the proposed statement, please let Royce and I know. Licensing Recording Elections Administrative/Internal Audit Licensing@co.whatcom.wa.us Recording@co.whatcom.wa.us Elections@co.whatcom.wa us 360-676-6744 360-676-6740 360-676-6740 360-676-6742 360-676-6740 ext 50065 TTv 3 60-73 S-4 5 55 WHATCOM COUNTY ��o^" �oL SHIRLEY FORSLOF AUDITOR'S OFFICE A COUNTY AUDITOR Whatcom County Courthouse r. DEBBIE ADELSEIN 311 Grand Avenue, Suite 103 CHIEF DEPUTY Bellingham, WA 98225-4038 �y ? 4$ H t rl Ca�0 Email: Auditor@co.whatcom.wa.us Phone: 360-676-6740 Internet: www.whatcomcounty.us/auditor FAX: 360-738-4556 MEMO TO: Sam Crawford, County Council Chair FROM: Shirley Forslof, County Auditor DATE: August 4, 2011 RE: Explanatory Statement for Whatcom County General Election Local Voters' Pamphlet for Whatcom County Charter Amendment No. 1 Attached is the proposed Explanatory Statement for Whatcom County Charter Amendment No. 1 proposed by Royce Buckingham for the November 8, 2011 Whatcom County Local Voters' Pamphlet. Royce Buckingham requested that I notify the County Council of the proposed Explanatory Statement and if he receives no comments, the proposed language is approved by him. . The explanatory statement will tell what the current law is and what the results of passage of the ballot measure would be. The explanatory statement for the LVP will not exceed one hundred (100) words. If the Council has any suggestions for changes to the proposed statement, please let Royce and I know. Licensing Recording Elections Administrative/Internal Audit Licensing@co.whatcom.wa.us Recording®co.whatcornma.us Elections®co.whatcom.wa.us 360-676-6744 360-676-6740 360-676-6740 360-676-6742 360-676-6740 ext 50065 M 360-738-4555 WHATCOM COUNTY PROSECUTING ATTORNEY DAVID S. McEACHRAN CHIEF CRIMINAL DEPUTY Mac D. Setter ASST. CHIEF CRIMINAL DEPUTY Warren J. Page CRIMINAL DEPUTIES Craig D. Chambers Elizabeth L. Gallery David A. Graham Eric J. Richey James T. Hulbert Ann L. Stodola Jeffrey D. Sawyer Anna Gigliotti Shannon Connor Christopher D. Quinn David E. Freeman Kati Hathorn Kyle Moore Dona Bracke Kristen Reid August 3, 2011 To: Shirley Forslof Whatcom County Courthouse 311 Grand Avenue, Second Floor Bellingham, Washington 98225-4079 (360) 676-6784 / FAX (360) 738-2532 COUNTY (360) 398-1310 From: Royce Buckingham, Attorney for the Whatcom County Auditor RE: Charter Amendment — Salary Commission - Explanatory Statement Below is a proposed Explanatory Statement for the amendment. CHIEF CIVIL DEPUTY Randall J. Watts ASST CHIEF CIVIL DEPUTY Daniel L. Gibson CIVIL DEPUTIES Karen L. Frakes Royce Buckingham CIVIL SUPPORT ENFORCEMENT DEPUTIES Angela A. Cuevas Dionne M. Clasen APPELLATE DEPUTIES Kimberly Thulin Hilary A. Thomas ADMINISTRATOR Kathy Walker The County Council currently sets salaries for County elected officials. This proposal would establish an independent. citizens' commission on salaries for elected officials?"'If passed, this commission would meet every two years and fix the salaries for the County Council, Executive, Assessor, Auditor, Prosecuting Attorney, Sheriff, and Treasurer. The County Council would no longer set salaries. Salaries set by the commission would still be subject to other applicable laws and limitations. Please notify the Council. If we receive no comments, the above language is approved by me. If we receive comments and have time to revise, I will review those comments, consider revision, and provide either a new statement or affirm the above statement. Sincerely, �— Royce Buckingham Attorney for the Whatcom County Auditor � I �') 1) 4*,64Z ee-� WHATCOM COUNTY AUDITOR'S OFFICE Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Email: Auditor@co.whatcom.wa.us Internet: www.MMfPere&byaM8ySenger on August 4, 2011) August 4, 2011 Dana Brown -Davis Clerk of the Whatcom County Council 311 Grand Avenue Bellingham WA 98225 RE: Ballot Title: Whatcom County Charter Amendment No (Submitted by the County Council) Salary Commission Dear Ms. Brown -Davis: SHIRLEY FORSLOF COUNTY AUDITOR DEBBIE ADELS TIN CHIEF DEPUTY Phone: 360-676-6740 FAX: 360-738-4556 The following is a true copy of the revised ballot title for Charter Amendment No. 1, (Submitted by the County Council) Salary Commission and filed with the Whatcom County Auditor's Office on July 27, 2011. The revised ballot title was approved by Royce Buckingham, Whatcom County Civil Deputy Prosecuting Attorney on August 2, 2011. Whatcom County Charter Amendment No. 1 (Submitted by the County Council) Salary Commission The Whatcom County Council has proposed an amendment to the Whatcom County Charter concerning establishment of an independent salary commission. This measure would establish an independent salary commission to fix the compensation of Whatcom County elected officials, subject to a referendum by the people. Should this proposal Iy approved? Yes.................... No..................... This notice of the exact language of the ballot title is being provided as RCW 29A.36.080. Sincerely, Shirley Forslo Whatcom County Auditor cc: Sam Crawford, Council Chair Licensing Recording Elections Licensing@co.whatcom-wa.us Recording@co.whatcom.wa.us Elections@co.whatcom.wa.us 360-676-6740 360-676-6740 - 360-676-6742 �ECEW ED AUG 0 4 2011 WHATCOM COUNTY C01UNCIL Administrative/Internal Audit Try 360-676-6744 360-676-6740 ext 50065 360-738-4555 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011 — 224 B CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 8/3/2011 8/9/2011 Council Division Head: Dept. Head: t9 f Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT. - Appointment to committee to draft pro and con statements re: salary commission ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Appointment of members to a "Pro Committee' and a "Con Committee" to draft statements for the Whatcom County Voters' Pamphlet related to the proposed Charter amendment to create a citizens' commission on salaries for elected officials. Suggested candidates to date: Jack Hovenier and Kevin Zender (pro), Wendy Harris and Shane Roth (con). Councilmembers are eligible to serve on these committees if they wish. COMMITTEE ACTION. • COUNCIL ACTION.• 8/09/2011: Council Appointed members to the Pro & Con committee 7-0 Pro Committee: Jack Hovenier & Kevin Zender . Con Committee: Shane Roth, Wendy Harris & Sue Brown Additionally: Council Approved the Explanatory Statement submitted by Royce Buckingham for voter pamphlet 7-0 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.us/council. WHATCOM COUNTY COUNCIL ACTION TAKEN - August 9, 2011 ANNOUNCEMENTS 1. Presentation of the final report and recommendations of the Lummi Island Ferry Task Force (AB2011-187) Reported MINUTES CONSENT 1. Special Committee of the Whole for July 12, 2011 - Approved Consent 7-0 2. Special Committee of the Whole for July 19, 2011 - Approved Consent 7-0 3. Committee of the Whole for July 26, 2011 - Approved Consent 7-0 OPEN SESSION PUBLIC HEARINGS 1. Ordinance finalizing a revised system of assessment for Deming Diking District No. 2 (AB2011-236) Adopted 7-0, Ordinance 2011-032 2. Ordinance amending the Whatcom County Code to establish the Whatcom County Veterans Assistance Program (AB2011-257) Adopted 7-0, Ordinance 2011-033 CONSENT AGENDA 1. Request approval for the County Executive to enter into a contract between Whatcom County and Womencare Shelter to provide housing case management services, in association with the operation of the Whatcom Homeless Service Center in the amount of $15,000 (AB2011-261) Approved Consent 6-0, Brenner out of the room 2. Request approval for the County Executive to enter into a contract between Whatcom County and Industrial Credit Union for the On -site Sewage System Loan program in the amount of $111,000 (AB2011-262) Approved Consent 6-0, Brenner out of the room 3. Request approval for the County Executive to enter into a contract between Whatcom County and BNSF Railway Company for installation of new concrete railroad crossing surface on Slater Road in the amount of $50,585 (AB2011-263) Approved Consent 6-0, Brenner out of the room 4. Request approval for the County Executive to enter into a grant agreement between Whatcom County and U.S. Environmental Protection Agency for construction activities to improve and stabilize a portion of Silver Beach Creek from Brownsville Drive to East 16t' Place in the amount of $510,824 (AB2011-264) Approved Consent 6-0, Brenner out of the room 5. Request authorization for the County Executive to approve the purchase of communications equipment using the Washington State Contract from Alcatel -Lucent, in the amount of $87,758.94 (AB2011-265) Approved Consent 6-0, Brenner out of the room 6. Request authorization for the County Executive to approve the purchase and enter into a contract for consulting, parts and installation as part of the ongoing interoperable communications project from CosComm in the amount of $178,203.26 (AB2011-266) Approved Consent 6-0, Brenner out of the room OTHER ITEMS 1. Resolution amending the Whatcom County Flood Control Zone District and Subzones Budget, request #1 (for Birch Bay Watershed and Aquatic Resources Management District), in the amount of $336,238 (AB2011-258) (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) Approved 7-0, Resolution 2011-024 WHATCOM COUNTY COUNCIL ACTION TAKEN - August 9, 2011 2. Request approval for the County Executive to submit an application to the Washington State Department of Commerce to become the lead agency for the for Housing and Essential Needs program (AB2D11-260) Approved 7-0 3. Ordinance adopting amendments to the Whatcom County Comprehensive Plan and zoning maps to create a Mineral Resource Lands designation and zoning overlay off of Doran and Bowman Roads in the South Fork Nooksack Valley, south of Acme (AB2011-232) (from 7/26) Forwarded for concurrent review 4-3 Brenner, Mann, Weimer opposed 4. Ordinance amending the Whatcom County Comprehensive Plan and the Official County Zoning Map to implement changes relating to completion of the 10 year review of the urban growth areas required under the Growth Management Act (Ferndale UGA) (AB2011-255) Adopted 7-0, Ordinance 2011-034 5. Request confirmation of the County Executive's appointment of Dannon Traxler to the Whatcom County Development Standards Technical Advisory Committee (AB2011-268) Confirmed 6-1, Mann opposed Appointment of members to a "Pro Committee" and a "Con Committee" to draft statements for the 4�f Whatcom County Voters' Pamphlet related to the proposed Charter amendment to create a citizens' commission on salaries for elected officials (AB2011-224B) Appointed 7-0 Pro; Sack Hovenier and Kevin Zender. Con: Shane Roth, Wendy Harris, Sue Brown. Explanatory Statement for Whatcom County General Election Local's Voters Pamphlet Approved 7-0 7. Resolution supporting designating Bureau of Land Management Lands in the San Juan Islands a National Conservation Area including Chuckanut Rock, Lummi Rocks, and Carter Point in Whatcom County (AB2011-271) Referred to Natural Resources Committee for September 13, 2011 8. Request authorization for the County Executive to approve a contract between Whatcom County and Lisa Starkenburg-Kroontje, Attorney -at -Law to assist the Prosecutor's Office in the preparation of its legal defense in Growth Management hearing Board Case Board 11-2-0010C (AB2011-273) Approved 5-2, Mann & Weimer opposed Larson moved to have the Council request the Administration to prepare an ordinance, two if necessary, to amend the 2011 and 2012 budget, to eliminate premium pay for the period beginning Oct, 1, 2011 and ending Dec. 31, 2011, and for fiscal year 2012, and that it be ready for introduction by September 13, 2011 and include the total amount saved in 2011 and 2012. Motion carried 5-2, Weimer and Crawford opposed Brenner moved to request the administration to give other options to cutting costs at the same time. Motion carried 4-3, Kershner, Crawford, Weimer opposed INTRODUCTION ITEMS Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time. 1. Intergovernmental framework agreement, Uplands lease agreement, and Tidelands lease agreement for Lummi Island Ferry usage at Gooseberry Point (AB2011-238) (hearing to be scheduled) Introduced 7-0 Resolution approving the Whatcom County Six -Year Transportation Improvement Program for the years 2012 through 2017 (AB2011-267) (hearing to be scheduled) Introduced 7-0 3. Ordinance revoking Ordinance 96-032 which established the Whatcom County Mental Health and Substance Abuse Revolving Fund (AB2011-259) Introduced 7-0 WHATCOM COUNTY COUNCIL ACTION TAKEN - August 9, 2011 4. Ordinance amending the 2011 Whatcom County Budget, eighth request, in the amount of $113,608 (AB2011-269) Substitute introduced 7-0 5. Ordinance amending the 2012 Whatcom County Budget, first request, in the amount of $224,075 (AB2011-270) Introduced 7-0 6. Discussion regarding a proposed ordinance adopting amendments to Whatcom County Code Title 17, Flood Damage Prevention (AB2011-242) Held in Committee OTHER BUSINESS Brenner moved to endorse the Re -Entry Coalition Conference. Motion carried 4-2, Larson, Crawford opposed. Kershner abstained REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS ADJOURN The next regular council meetings are scheduled for 7:00 p.m. Tuesdays, September 13 and 27, 2011, in the Council Chambers, 311 Grand Avenue. WHATCOM COUNTY AUDITOR'S OFFICE Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Email: Auditor@co.whatcom.wa.us .�Gom co �sHt N G Internet: www.Mi ,byaM8,ffSenger on August 4, 2011) August 4, 2011 Dana Brown -Davis Clerk of the Whatcom County Council 311 Grand Avenue Bellingham WA 98225 RE: Ballot Title: Whatcom County Charter Amendment No. (Submitted by the County Council) Salary Commission Dear Ms. Brown -Davis: SHIRLEY FORSLOF COUNTY AUDITOR DEBBIE ADELSFIN CHIEF DEPUTY Phone: 360-676-6740 FAX: 360-738-4556 The following is a true copy of the revised ballot title for Charter Amendment No. 1, (Submitted by the County Council) Salary Commission and filed with the Whatcom County Auditor's Office on July 27, 2011. The revised ballot title was approved by Royce Buckingham, Whatcom County Civil Deputy Prosecuting Attorney on August 2, 2011. Whatcom County Charter Amendment No. 1 (Submitted by the County Council) Salary Commission The Whatcom County Council has proposed an amendment to the Whatcom County Charter concerning establishment of an independent salary commission. This measure would establish an independent salary commission to fix the compensation of Whatcom County elected officials, subject to a referendum by the people. Should this proposal lg approved? hc Yes.................... No..................... This notice of the exact language of the ballot title is being provided as RCW 29A.36.080. Sincerely, Shirley Forslo Whatcom County Auditor cc: Sam Crawford, Council Chair Licensing Recording Elections Administrative/Internal Audit Licensing@co.whatcom.wa.us Recording@co.whatcom.wa.us Elections@comhatcom.wa.us 360.676-6744 360-676-6740 360-676-6740 360-676-6742 360-676-6740 ext 50065 TTY 360-738-4555 WHATCOM COUNTY PROSECUTING ATTORNEY DAVID S. McEACHRAN CHIEF CRIMINAL DEPUTY Mae D. Setter ASST. CHIEF CRIMINAL DEPUTY Warren J. Page CRIMINAL DEPUTIES Craig D. Chambers Elizabeth L. Gallery David A. Graham Eric J. Richey James T. Hulbert Ann L. Stodola Jeffrey D. Sawyer Anna Gigliotti Shannon Connor Christopher D. Quinn David E. Freeman Kari Hathorn Kyle Moore Dona Bracke Kristen Reid Date: August 2, 2011 To: Shirley Forslof Whatcom County Courthouse 311 Grand Avenue, Second Floor Bellingham, Washington 98225-4079 (360) 676-6784 / FAX (360) 738-2532 COUNTY (360) 398-1310 RECEIVED AUG 0 3 2011 SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR RE: Charter Amendment — Salary Commission Dear Shirley, CHIEF CIVIL DEPUTY Randall J. Watts ASST CHIEF CIVIL DEPUTY Daniel L. Gibson CIVIL DEPUTIES Karen L. Frakes Royce Buckingham CIVIL SUPPORT ENFORCEMENT DEPUTIES Angela A. Cuevas Dionne M. Clasen APPELLATE DEPUTIES Kimberly Thulin Hilary A. Thomas ADMINISTRATOR Kathy Walker I recommend adoption of the language submitted per the agenda bill (attached), with the addition of the parenthetical you mentioned: "(Submitted by the County Council)" n 1 IUS O / I will forward a 100 word explanatory statement separately. Cl- eNCC Sincerely, Royce Buckingham Attorney for Whatcom County WHATCOM COUNTY PROSECUTING ATTORNEY DAVID S. McEACHRAN CHIEF CRIMINAL DEPUTY Mac D. Setter ASST. CHIEF CRIMINAL DEPUTY Warren J. Page CRIMINAL DEPUTIES Craig D. Chambers Elizabeth L. Gallery David A. Graham Eric J. Richey James T. Hulbert Ann L. Stodola Jeffrey D. Sawyer Anna Gigliotti Shannon Connor Christopher D. Quinn David E. Freeman Kari Hathorn Kyle Moore Dona Bracke Kristen Reid August 3, 2011 To: Shirley Forslof Whatcom County Courthouse 311 Grand Avenue, Second Floor Bellingham, Washington 98225-4079 (360) 676-6784 / FAX (360) 738-2532 COUNTY (360) 398-1310 From: Royce Buckingham, Attorney for the Whatcom County Auditor RE: Charter Amendment — Salary Commission - Explanatory Statement Below is a proposed Explanatory Statement for the amendment. CHIEF CIVIL DEPUTY Randall J. Watts ASST CHIEF CIVIL DEPUTY Daniel L. Gibson CIVIL DEPUTIES Karen L. Frakes Royce Buckingham CIVIL SUPPORT ENFORCEMENT DEPUTIES Angela A. Cuevas Dionne M. Clasen APPELLATE DEPUTIES Kimberly Thulin Hilary A. Thomas ADMINISTRATOR Kathy Walker The County Council currently sets salaries for County elected officials. This proposal would establish an independent "citizens' commission on salaries for elected officials." If passed, this commission would meet every two years and fix the salaries for the County Council, Executive, Assessor, Auditor, Prosecuting Attorney, Sheriff, and Treasurer. The County Council would no longer set salaries. Salaries set by the commission would still be subject to other applicable laws and limitations. Please notify the Council. If we receive no comments, the above language is approved by me. If we receive comments and have time to revise, I will review those comments, consider revision, and provide either a new statement or affirm the above statement. Sincerely, Royce Buckingham Attorney for the Whatcom County Auditor WHATCOM COUNTY AUDITOR'S OFFICE Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Email: Auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor �GOM CO G s'rP A I N . 0 MEMO TO: Royce Buckingham, Civil Prosecuting Attorney FROM: Shirley Forslof, Auditor DATE: July 29, 2011 SHIRLEY FORSLOF COUNTY AUDITOR DEBBIE ADELSTEIN CHIEF DEPUTY Phone: 360-676-6740 FAX: 360-738-4556 RE: Whatcom County Charter Amendment No. 1 — Salary Commission Please approve as to form the heading and ballot title for Whatcom County Charter Amendment No. 1 For your information, some prior charter amendments included in the heading the phrase " Submitted by the County Council", shown as follows: Whatcom County Charter Amendment No. 1 (Submitted by the County Council) Salary Commission Also please write up to 100 word explanatory statement for the Local Voters' Pamphlet explaining what the current law is and what the results of passage of the ballot measure would be. Thanks Licensing Recording Elections Administrative/Internal Audit Licensing@co.whatcom.wa.us Recording@co.whatcom.wa.us Elections@co.whatcom.wa.us 360-676-6744 360-676-6740 360-676-6740 360-676-6742 360-676-6740 ext 50065 Try 360-738-4555 WHATCOM COUNTY COUNCIL AGENDA BILL CLEARANCES Initial Date I 1mj=^MhQ 6/28/2011 Division Head: _ J U L 2 7 2011 SHIRLEY FORSLOF Prosecutor- I I:�::4HATCOIVI COUNTY AUDITOR F.xecrrtive: TITLE OF DOCUMENT: Ordinance submitting Charter amendment to voters to create salary commission ATTACHMENTS. NO. 2011 — 224 'A AgaendaDate Assi ned to: 7/12/2011 introduction 7/26/2011 kt>lic Hearing SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 7/26/2011 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropria14 Be clear in explaining the intent of the action.) Ordinance submitting a proposed Charter amendment to the voters of Whatcom County to create a Citizen's Commission on salaries for elected officials COMMITTEEACTION. COUNCIL ACTION: 7/12/2011: Introduced 7/26/2011: Council Adopted 7-0 Ord. 2011-026 Related County Contract #: I Related File Numbers: Ordinance or Resolution Number: Ord. 2011-026 Please Note: Once adopted and signed, ordinances and resolutions are available jor viewing and printing on the Countv's website at:svFviv..co.wliatcom,wa.us/corrr:cil.- PROPOSED BY: CONSENT SPONSORED BY: CONSENT INTRODUCTION DATE: JULY 12, 2011 ORDINANCE NO. 2011-026 SUBMITTING A PROPOSED CHARTER AMENDMENT TO THE VOTERS OF WHATCOM COUNTY TO CREATE A CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS WHEREAS, the people of Whatcom County adopted a Home Rule Charter in 1978, setting forth the current form of county government; and WHEREAS, in adopting the Charter for Whatcom County the duties, terms, composition, and powers of the legislative branch of county government were established; and WHEREAS, Whatcom County Charter Section 2.20 places the responsibility of setting salaries for all county officers with the County Council; and WHEREAS, RCW 36.17.024 provides that salaries.for county officers can be set by an established ten -member citizens' commission; and WHEREAS, the Whatcom County Council supports amending the county charter to a process whereby elected officials' salary rates are set by an independent commission, to eliminate the inherent conflict of an elected official setting his or her own potential future salary; and WHEREAS, Whatcom County can establish a citizens' commission to review and set salaries for county elected officials if the people of Whatcom County vote to amend the Whatcom County Charter to allow for the creation of a citizens' salary commission. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that an amendment to the Whatcom County Charter, as outlined in "Exhibit A" to this ordinance, shall be �"OASIRUtti,q the Whatcom County Auditor for placement on the ballot for the Novem' 2q1 Q&�� $jqlection. �pO�TED �qs� day of Ju1Y 0 : O COUNTY : Danrowrl• is,•�-ountt-Clerk AP R ED AS TO F RM: ivil Deputy Prosecutor , 2011. WHATCOM COUNTY COUNCIL WH TCOM =HINGTON S m Crawford, Cou cil Chair L),Xp.Prov�d ( ) Denied PL-te-f<remen, County Executive Date: / ) 7-11 EXHIBIT A (ORDINANCE ESTABLISHING A SALARY COMMISSION FOR ELECTED OFFICIALS) WHATCOM COUNTY CHARTER AMENDMENT NO. 1 SALARY COMMISSION A. PROPOSED BALLOT TITLE: The Whatcom County Council has proposed an amendment to the Whatcom County Charter concerning establishment of an independent salary commission. This measure would establish an independent salary commission to fix the compensation of Whatcom County elected officials, subject to a referendum by the people. Should this proposal be approved? YES.....................................❑ NO......................................o B. CHARTER AMENDMENTS REQUIRED: New Section: Section 6.100 Salaries of Elected Officials The county council shall establish by ordinance and in accordance with law an independent "citizens' commission on salaries for elected officials" which shall fix the salaries for the county council, executive, assessor, auditor, prosecuting attorney, sheriff and treasurer. Salary commission members shall serve two-year terms ending December 31, 2014 and every two years thereafter. Members of the salary commission shall serve without compensation, but may receive reimbursement for mileage to and from meetings and for such other expenses directly related to their service as provided by ordinance. The salary commission shall meet biennially and shall file the salary schedule with the county council and county auditor not later than May 1. The salary schedule shall become effective January 1 of the following calendar year and incorporated into the county budget without further action of the county council, county executive or salary commission. The salaries for the county council, executive, assessor, auditor, prosecuting attorney,_ sheriff and treasurer in effect on January 1, 2012 shall remain in effect until changed as Drovided herein. Revised Sections: 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-tle-counE++me nbef--M-ay--receive-a sakiiy- nffease f©F the te; -of-office-dafin g--w#iieh-the-oaRee-is-adeptied; nor--sha+afty egi eu-nei+ber-rec�we-a-saEa y-in-exeess of—fi n-(-I5)-peesent-ef-that-"e-Gounty Exeeutiyev except as provided in Section 6.100. (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. (Ord. 2005-075 Exh. A) Section 3.21 Election; and Term of Office . 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£eanty E*ec+A4ve shaH-receive-compensation-as-determined-by-the-C-our+ty-£euncil. (Amended by referendum 1986) Section 3.51 Election; and Term of Office . 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-,-T-reasu-r-er and-Slier+f€-shalb--r-eeeive--eompet-isation-as-deter-finned-by-the-Eeci-p -Eouf�c4, prev4d d4hat eempensatien-shah-not-be-less4han--t-he-c-empe-nsatlon--reeei-ved-fer-these offices all- he o€-the-adoption of thear-ter: (Ord. 2005-075 Exh. A) WHATCOM COUNTY AUDITOR'S OFFICE Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Email: Auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor MEMO TO: Royce Buckingham, Civil Prosecuting Attorney FROM: Shirley Forslof, Auditor DATE: July 29, 2011 SHIRLEY FORSLOF COUNTY AUDITOR DEBBIE ADELSTEIN CHIEF DEPUTY Phone: 360-676-6740 FAX: 360-738-4556 RE: Whatcom County Charter Amendment No. 1 — Salary Commission Please approve as to form the heading and ballot title for Whatcom County Charter Amendment No. 1 For your information, some prior charter amendments included in the heading the phrase " Submitted by the County Council", shown as follows: Whatcom County Charter Amendment No. 1 (Submitted by the County Council) Salary Commission Also please write up to 100 word explanatory statement for the Local Voters' Pamphlet explaining what the current law is and what the results of passage of the ballot measure would be. Thanks Licensing Recording Elections Administrative/Internal Audit Licensing®co.whatcom.wa.us Recording@co.whatcom.wa.us Elections@co.whatcom.wa.us 360.676-6744 360-676-6740 360-676.6740 360-676-6742 360-676-6740 ext 50065 Try 360-738-4555 Whatcom County Courthouse nt Co 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 tp�Gc 360-676.6740 360-738-4556 FAX 360-738-4555 TTY QShINGt� E-mail: auditor&o.whatcom.wa.us www.co.whatcom.wa.uslauditor BALLOT MEASURE RECEIPT Date Received: Received From: .aam OJ_0_�'j �0 id, Name of Presenter &L�,njid Ll Name of Organization) )� 11 C-t Address lo— 4 !V Phone Whatcom County Auditor's Office Election Division U—n E H dp U) K&j0*4. Lj) A—,. Ltz rV Email Ballot Issue Name: W(.0o The Auditor's Office, Election Division, acknowledges receipt of the above - named Proposition for inclusion in the ati nC.Mj Election. Deputy Auditor I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM RECEIPT for ballot measure.DOCAdopted 7/27/06 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011 — 224 A CLEARANCES Initial Date flftrw C 7 ice A enda Date Assigned to: Originator 6/28/2011 JUL 2 7/12/2011 Introduction Division Head. 7/26/2011 lic Hearing Dept. Head. SHIRLEY FORSLL. Pr°seatar: HATCOM COUNTY AUDIT(' Purchasing1pudget. Executive: TITLE OF DOCUMENT. Ordinance submitting Charter amendment to voters to create salary commission ATTACHMENTS. SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 7/26/2011 SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Ordinance submitting a proposed Charter amendment to the voters of Whatcom County to create a Citizen's Commission on salaries for elected officials I 0 i I COMMITTEEACTION.• COUNCIL ACTION: 7/12/2011: Introduced 7/26/2011: Council Adopted 7-0 Ord. 2011-026 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord. 2011-026 I Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcomwa.uslcouncil. PROPOSED BY: CONSENT SPONSORED BY: CONSENT INTRODUCTION DATE: JULY 12, 2011 ORDINANCE NO. 2011-026 SUBMITTING A PROPOSED CHARTER AMENDMENT TO THE VOTERS OF WHATCOM COUNTY TO CREATE A CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS WHEREAS, the people of Whatcom County adopted a Home Rule Charter in 1978, setting forth the current form of county government; and WHEREAS, in adopting the Charter for Whatcom County the duties, terms, composition, and powers of the legislative branch of county government were established; and WHEREAS, Whatcom County Charter Section 2.20 places the responsibility of setting salaries for all county officers with the County Council; and WHEREAS, RCW 36.17.024 provides that salaries for county officers can be set by an established ten -member citizens' commission; and WHEREAS, the Whatcom County Council supports amending the county charter to a process whereby elected officials' salary rates are set by an independent commission, to eliminate the inherent conflict of an elected official setting his or her own potential future salary; and WHEREAS, Whatcom County can establish a citizens' commission to review and set salaries for county elected officials if the people of Whatcom County vote to amend the Whatcom County Charter to allow for the creation of a citizens' salary commission. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that an amendment to the Whatcom County Charter, as outlined in "Exhibit A" to this ordinance, shall be `�NkWWl Oil q� the Whatcom County Auditor for placement on the ballot for the Novempt r<2g1. L�&e�'X%lection. ��iO�TEDdgs &,day of Jul 0 • COUNTY •• � — • O F= = Danrowil• IS,* ountx`Clerk AP,PR ED!AS TO F M: ivil Deputy Prosecutor 2011. WHATCOM COUNTY COUNCIL WH TCOM C UNTY W HINGTON S m Crawford, Cou cil Chair LAP v d () Denied Pet�remen, County Executive Date: ) 7-11 EXHIBIT A (ORDINANCE ESTABLISHING A SALARY COMMISSION FOR ELECTED OFFICIALS) WHATCOM COUNTY CHARTER AMENDMENT NO. 1 SALARY COMMISSION A. PROPOSED BALLOT TITLE: The Whatcom County Council has proposed an amendment to the Whatcom County Charter concerning establishment of an independent salary commission. This measure would establish an independent salary commission to fix the compensation of Whatcom County elected officials, subject to a referendum by the people. Should this proposal be approved? YES..................................... r- NO......................................o B. CHARTER AMENDMENTS REQUIRED: New Section: Section 6.100 Salaries of Elected Officials The county council shall establish by ordinance and in accordance with law an independent 'citizens' commission on salaries for elected officials" which shall fix the salaries for the county council, executive, assessor, auditor, prosecuting attorney, sheriff and treasurer. Salary commission members shall serve two-year terms ending December 31, 2014 and every two years thereafter. Members of the salary commission shall serve without compensation, but may receive reimbursement for mileage to and from meetings and for such other expenses directly related to their service as provided by ordinance. The salary commission shall meet biennially and shall file the salary schedule with the county council and county auditor not later than May 1. The salary schedule shall become effective January 1 of the following calendar year and incorporated into the county budget without further action of the county council, county executive or salary commission. The salaries for the county council, executive, assessor, auditor, prosecuting attorney,. sheriff and treasurer in effect on January 1, 2012 shall remain in effect until changed as provided herein_. Revised Sections 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, ex-eept-that ne eeLincil mbeF May Fee-i.- - sata=y--anc-cease-fef-the-ter-rn-of-effice-dur-ing-w#+Eh the e nanee-is-adepted,nershaH-arty coundlmen}bef-receive-a-s-afa *n exeess-of-fiteen- �; pefeanTof- hat-ef- he-Eeufnty Kati except as provided in Section 6.100. (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. (Ord. 2005-075 Exh. A) Section 3.21 Election; and Term of Office aid-C�serrsaisrt. 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 Geunty Executive shall-receive-compensation-as-determined-by-the--Eot+nty-Couneil: (Amended by referendum 1986) Section 3.51 Election; and Term of Office . 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. Ttte-Assessor—A-ud-i-ter�-r-ca rt� aid-Shenf€-shal4--receive-cempensatier as--detecm+ned-by-the-Eetfrrty- C-ounc-+ ,-prev-ided-that eempensa4en seae-less-tharf the-c-ompensatien-eeei-ved-fer-these ©f iees-at-the­44nie of-the-adeptien-oft-he--Char-t-er- (Ord. 2005-075 Exh. A)