| Proposed No. 2003-0447.1
Sponsors Initiative
AN ORDINANCE proposing an amendment to the King County Charter
reducing in size the King County council from thirteen to nine members;
consequently reducing council voting requirements related to the
size of the council; phasing in the reduction of council members
with elections and terms of office; amending Section 220.10 of the
King County Charter, Section 230.10 of the King County Charter,
Section 230.20 of the King County Charter, Section 230.30 of the
King County Charter, Section 270.30 of the King County Charter,
Section 460 of the King County Charter and Section 650.10 of the
King County Charter, adding a new Section 650.40.15 to the King
County Charter, adding a new Section 650.40.25 to the King County
Charter, repealing Sections 650.40.10 and 650.40.20 of the King
County Charter and submitting the same to the voters of the county
for their ratification or rejection at the November 2003 general
election.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. There shall be submitted to the qualified voters of
King County for their approval and ratification or rejection, at
the next general election to be held in this county occurring more
than forty-five days after the enactment of this ordinance, or in
in the event that the council fails to enact this ordinance, at
the next general election to be held in this county occurring more
than one-hundred-thirty-five days after presentation of the Petition
Ordinance No. ___, an amendment to the King County Charter by amending
Section 220.10 of Article 2, Section 230.10 of Article 2, Section
230.20 of Article 2, Section 230.30 of Article 2, Section 270.30
of Article 2, Section 460 of Article 4 and Section 650.10 of Article
6, amending Article 6 by adding new Sections 650.40.15 and 650.40.25
and amending Article 6 by repealing Sections 650.40.10 and 650.40.20,
to read as follows:
220.10. Composition and Terms of Office.
The metropolitan county council shall consist of ((thirteen))
nine members. The county shall be divided into ((thirteen))
nine districts, and one councilmember shall be nominated
and elected by the voters of each district. The term of office of
each councilmember shall be four years and until his or her successor
is elected and qualified.
230.10. Introduction and Adoption.
Proposed ordinances shall be limited to one subject and may be
introduced by any councilmember, by initiative petition or by institutional
initiative. At least seven days after the introduction of a proposed
ordinance, except an emergency ordinance, and prior to its adoption
or enactment, the county council shall hold a public hearing after
due notice to consider the proposed ordinance. Except as otherwise
provided in this charter, a minimum of ((seven)) five
affirmative votes shall be required to adopt an ordinance.
230.20. Executive Veto.
Except as otherwise provided in this charter, the county executive
shall have the right to veto any ordinance or any object of expense
of an appropriation ordinance. Every ordinance shall be presented
to the county executive within five days after its adoption or enactment
by the county council. Within ten days after its presentation, the
county executive shall either sign the ordinance and return it to
the county council, veto the ordinance and return it to the county
council with a written and signed statement of the reasons for his
or her veto or sign and partially veto an appropriation ordinance
and return it to the county council with a written and signed statement
of the reasons for his or her partial veto. If an ordinance is not
returned by the county executive within ten days after its presentation
it shall be deemed enacted without his or her signature. Within
thirty days after an ordinance has been vetoed and returned or partially
vetoed and returned, the county council may override the veto or
partial veto by enacting the ordinance by a minimum of ((nine))
six affirmative votes.
230.30. Emergency Ordinances.
Any proposed ordinance may be enacted as an emergency ordinance
if the county council finds as a fact, and states in the ordinance,
that an emergency exists and that the ordinance is necessary for
the immediate preservation of public peace, health or safety or
for the support of county government and its existing public institutions.
A minimum of ((nine)) six affirmative votes shall
be required to enact an emergency ordinance; and unless it is an
emergency appropriation ordinance, it shall not be subject to the
veto power of the county executive.
270.30. Powers and Duties.
Each regional committee shall develop, review and recommend ordinances
and motions adopting, repealing, or amending county-wide policies
and plans relating to the subject matter area for which a regional
committee has been established. The regional policies committee
may, by majority vote, request that the county council assign to
the committee proposed policies and plans concerning other regional
issues including but not limited to public health, human services,
regional services financial policies, criminal justice and jails,
and regional facilities siting.
The metropolitan county council shall assign each such proposed
ordinance or motion to a regional committee for review. When a proposed
policy or plan is referred to a regional committee for review, a
time limit for such review shall be ((120)) one hundred
twenty days or such other time as is jointly established by
the metropolitan county council and the committee, which shall be
confirmed in the form of a motion by the metropolitan county council.
If the committee fails to act upon the proposed policy or plan within
the established time limit, the metropolitan county council may
adopt the proposed policy or plan upon ((eight)) six
affirmative votes. The committee may request, by motion to the county
council, additional time for review.
A proposed policy or plan recommended by a regional committee
may be adopted, without amendment, by the metropolitan county council
by ((seven)) five affirmative votes. If the metropolitan
county council votes prior to final passage thereof to amend a proposed
policy or plan that has been reviewed or recommended by a regional
committee, the proposed policy or plan, as amended, shall be referred
back to the appropriate committee for further review and recommendation.
The committee may concur in, dissent from, or recommend additional
amendments to the policy or plan. After the regional committee has
had the opportunity to review all metropolitan county council amendments,
final action to adopt any proposed policy or plan which differs
from the committee recommendation shall require ((eight))
six affirmative votes of the metropolitan county council.
The council shall not call a special election to authorize the
performance of an additional metropolitan municipal function under
state law unless such additional function is recommended by a regional
policy committee, notwithstanding the provisions of Section 230.50.10
of this charter. Such recommendation shall require an affirmative
vote of at least two-thirds of the membership of each of: (1) metropolitan
councilmembers of the committee; (2) members from the city with
the largest population in the county; and (3) other city or town
members of the committee. Nothing in this section prohibits the
metropolitan county council from calling a special election on the
authorization of the performance of one or more additional metropolitan
functions after receiving a valid resolution adopted by city councils
as permitted by RCW 35.58.100(1)(a) and RCW 35.58.100(1)(b), or
a duly certified petition as permitted by RCW 35.58.100(2).
Section 460. Consideration and Adoption of Appropriation
Ordinances.
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 hearing on the budget or any part thereof
that it deems advisable. The county council in considering the appropriations
ordinances proposed by the county executive may delete or add items,
may reduce or increase the proposed appropriations and may add provisions
restricting the expenditures of certain appropriations; but it shall
not change the form of the proposed appropriation ordinances submitted
by the county executive. The appropriation ordinances adopted by
the county council shall not exceed the estimated revenues of the
county for the next fiscal years for each fund including surpluses
and reserves, but he county council may increase the amount of the
estimated revenues contained in the budget presented by the county
executive by reestimating the amount by motion passed by a minimum
of ((nine)) six affirmative votes or by creating additional
sources of revenue which were not included in the proposed tax and
revenue ordinances presented by the county executive.
650.10 Districts.
The county shall be divided into ((thirteen)) nine
districts numbered one through ((thirteen)) nine.
650.40.15. Districting in 2004.
Notwithstanding any other provision of this charter, the districting
committee called for in Section 650.30 of this charter also shall
be appointed and shall perform its duties in 2004 according to the
months and days specified in Section 650.30 of this charter to prepare
a districting plan for nine council districts.
650.40.25. Elections and terms of office for 2004 and
thereafter.
Elections for all council districts, as redistricted under Section
650.40.15 of this charter, shall be held in 2005. Councilmembers
elected in 2005 to represent districts one, three, five, seven and
nine each shall serve four-year terms. Councilmembers elected in
2005 to represent districts two, four, six and eight each shall
serve an initial term of two years. Councilmembers elected in 2007
to represent districts two, four, six and eight each shall serve
a term for four years. All subsequent elections shall be held according
to the existing provisions of this charter.
650.40.10 and 650.40.20 repealed. Sections 650.40.10, “Districting
in 1993,” and 650.40.20, “Initial Elections and Terms
of Office for Districts Ten, Eleven, Twelve and Thirteen,”
of the King County Charter are each hereby repealed.
SECTION 2. Effective date. Upon approval by the voters at the
November 4, 2003, countywide general election of the amendment to
Articles 2, 4 and 6 of the charter as provided in this ordinance,
the amendment takes effect January 1, 2006, except that new Sections
650.40.15 and 650.40.25 and the repeals of Sections 650.40.10 and
650.40.20 take effect January 1, 2004.
Ordinance 14767 was introduced on 9/29/2003 and passed by the Metropolitan
King County Council on 9/29/2003, by the following vote:
Yes: 12 – Ms. Sullivan, Ms. Edmonds, Mr. von Reichbauer,
Ms. Lambert, Mr.
Phillips, Mr. Pelz, Mr. McKenna, Mr. Constantine, Mr. Hammond, Mr.
Gossett, Mr. Irons and Ms. Patterson
No: 1 – Ms. Hague
Excused: 0
KING COUNTY COUNCIL
KING COUNTY, WASHINGTON
_______________________________
Cynthia Sullivan, Chair (signed)
ATTEST:
_____________________________
Anne Noris, Clerk of the Council (signed)
APPROVED this 29 day of September 2003.
_______________________________
Ron Sims, County Executive (signed)
Attachments None
|
Proposed No. 2004-0338.3
Sponsors Phillips, von Reichbauer, Pelz,
Lambert, Gossett, Hague,
Constantine, Edmonds and
Patterson
AN ORDINANCE amending Ordinance 14767, Section 1, and Ordinance
14767, Section 2, proposing an amendment to the King County Charter
reducing in size the King County council from thirteen to nine members;
consequently reducing council voting requirements related to the
size of the council; phasing in the reduction of council members
with elections and terms of office; reducing the size of the regional
committees of the council from twelve to six members; amending Section
220.10 of the King County Charter, Section 230.10 of the King County
Charter, Section 230.20 of the King County Charter, Section 230.30
of the King County Charter, Section 270.20 of the King County Charter,
Section 270.30 of the King County Charter, Section 460 of the King
County Charter and Section 650.10 of the King County Charter, adding
a new Section 650.40.15 to the King County Charter, adding a new
Section 650.40.25 to the King County Charter, repealing Sections
650.40.10 and 650.40.20 of the King County Charter and submitting
the same to the voters of the county for their ratification or rejection
at the November 2004 general election.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings of fact. The council hereby finds:
A. King County has been a home rule county since the freeholders
wrote and the voters approved the county charter in 1969. The charter
created the nine-member county council as the legislative body of
the county. In 1992 the voters of King County and the city of Seattle
voted to approve the merger of King County government and Municipality
of Metropolitan Seattle. The merger involved expanding the nine-member
county council by four new council seats in recognition of the elimination
of the Metro council. The new metropolitan King County council took
office on January 1, 1994.
B. On February 5, 2003, an initiative petition was filed proposing
to amend the King County Charter to reduce the number of council
members from thirteen to nine. On July 29, 2003, the proposed initiative
petition was certified as having the requisite number of signatures.
Litigation regarding the legal effect of the petition culminated
in a decision by the Washington state supreme court that an amendment
to the King County Charter could be proposed by initiative. As a
result of the ruling, on September 29, 2003, the council adopted
the initiative as Ordinance 14767 submitting the proposed charter
amendment to reduce the size of the council to the voters of the
county for their ratification or rejection at the November 2004
general election.
C. There are several practical problems with the implementation
of the proposed charter amendment that were not addressed in the
original proposed initiative petition as filed or in Ordinance 14767
as originally adopted. The measure does not correctly account for
the time necessary to comply with the districting procedures required
by county charter and state law. The measure calls for the creation
of a districting committee and completion of a districting process
in 2004, but such an action is not authorized until after the ballot
measure is approved by the voters. If the measure were approved
by the voters in November 2004 then it would not be possible to
convene a districting committee and complete a districting process
in time for the 2005 election cycle. The measure also does not address
the need to adjust the size of the regional committees to reflect
the reduction in the size of the council and to account for the
increase in workload created by the smaller council size if the
measure is approved by the voters.
D. The council finds that it is necessary to amend the ballot
measure to address the practical, legal and policy problems posed
by potential implementation Ordinance 14767 as outlined in subsection
C of this section. This amendment would provide sufficient time
for the creation of a districting committee and for the districting
committee to complete the districting process required by state
law and county charter. The amendment would change the implementation
date of the smaller council size to allow for the districting process
required by state law and county charter. The amendment reduces
the size of the three regional committees from twelve to six and
makes proportionate reductions in the membership of the county,
Seattle, suburban cities and sewer districts.
SECTION 2. Ordinance 14767, Section 1, is hereby amended to read
as follows:
There shall be submitted to the qualified voters of King County
for their approval and ratification or rejection, at the next general
election to be held in this county occurring more than forty-five
days after the enactment of ((this o))Ordinance 14767 ((, or in
the event that the council fails to enact this ordinance, at the
next general election to be held in this county occurring more than
one hundred-thirty five days after presentation of the Petition
Ordinance No. ____,)) an amendment to the King County Charter by
amending Section 220.10 of Article 2, Section 230.10 of Article
2, Section 230.20 of Article 2, Section 230.30 of Article 2, Section
270.20 of Article 2, Section 270.30 of Article 2, Section 460 of
Article 4 and Section 650.10 of Article 6, amending Article 6 by
adding new Sections 650.40.15 and 650.40.25 and amending Article
6 by repealing Sections 650.40.10 and 650.40.20, to read as follows:
220.10. Composition and Terms of Office.
The metropolitan county council shall consist of ((thirteen))
nine members. The county shall be divided into ((thirteen))
nine districts, and one councilmember shall be nominated
and elected by the voters of each district. The term of office of
each councilmember shall be four years and until his or her successor
is elected and qualified.
230.10. Introduction and Adoption.
Proposed ordinances shall be limited to one subject and may be
introduced by any councilmember, by initiative petition or by institutional
initiative. At least seven days after the introduction of a proposed
ordinance, except an emergency ordinance, and prior to its adoption
or enactment, the county council shall hold a public hearing after
due notice to consider the proposed ordinance. Except as otherwise
provided in this charter, a minimum of ((seven)) five
affirmative votes shall be required to adopt an ordinance.
230.20. Executive Veto.
Except as otherwise provided in this charter, the county executive
shall have the right to veto any ordinance or any object of expense
of an appropriation ordinance. Every ordinance shall be presented
to the county executive within five days after its adoption or enactment
by the county council. Within ten days after its presentation, the
county executive shall either sign the ordinance and return it to
the county council, veto the ordinance and return it to the county
council with a written and signed statement of the reasons for his
or her veto or sign and partially veto an appropriation ordinance
and return it to the county council with a written and signed statement
of the reasons for his or her partial veto. If an ordinance is not
returned by the county executive within ten days after its presentation
it shall be deemed enacted without his or her signature. Within
thirty days after an ordinance has been vetoed and returned or partially
vetoed and returned, the county council may override the veto or
partial veto by enacting the ordinance by a minimum of ((nine))
six affirmative votes.
230.30. Emergency Ordinances.
Any proposed ordinance may be enacted as an emergency ordinance
if the county council finds as a fact, and states in the ordinance,
that an emergency exists and that the ordinance is necessary for
the immediate preservation of public peace, health or safety or
for the support of county government and its existing public institutions.
A minimum of ((nine)) six affirmative votes shall
be required to enact an emergency ordinance; and unless it is an
emergency appropriation ordinance, it shall not be subject to the
veto power of the county executive.
270.20. Composition of regional committees.
Each regional committee shall consist of ((twelve)) six
voting members. ((Six)) Three members shall be metropolitan
county councilmembers appointed by the chair of the council, and
shall include at least two councilmembers from districts with unincorporated
residents. The remaining ((six)) three members of
each committee except the water quality committee shall be local
elected city officials appointed from and in proportion to the relative
populations of: (i) the city with the largest population in the
county; and (ii) the other cities and towns in the county. Committee
members from the city with the largest population in the county
shall be appointed by the legislative authority of that city. Committee
members from the other cities and towns in the county shall be appointed
in a manner agreed to by and among those cities and towns representing
a majority of the populations of such cities and towns, provided,
however, that such cities and towns may appoint two representatives
for each allocated committee membership, each with fractional (1/2)
voting rights.
The special purpose districts providing sewer service in the county
shall appoint ((two)) one member((s)) to serve on
the water quality committee in a manner agreed to by districts representing
a majority of the population within the county served by such districts.
The remaining ((four)) two local government members
of the water quality committee shall be appointed in the manner
set forth above for other regional committees. Allocation of membership
of each committee’s members who are city and town representatives
shall be adjusted January 1 of each even-numbered year beginning
in 1996 based upon current census information or, if more recent,
official state office of financial management population statistics.
In the event any areas are annexed pursuant to powers granted to
metropolitan municipal corporations under state law, the populations
of any cities and towns in such annexed areas shall be considered
as if they were within the county for purposes in this section with
regard to regional committee participation on policies and plans
which would be effective in such annexed areas.
270.30. Powers and Duties.
Each regional committee shall develop, review and recommend ordinances
and motions adopting, repealing, or amending county-wide policies
and plans relating to the subject matter area for which a regional
committee has been established. The regional policies committee
may, by majority vote, request that the county council assign to
the committee proposed policies and plans concerning other regional
issues including but not limited to public health, human services,
regional services financial policies, criminal justice and jails,
and regional facilities siting.
The metropolitan county council shall assign each such proposed
ordinance or motion to a regional committee for review. When a proposed
policy or plan is referred to a regional committee for review, a
time limit for such review shall be ((120)) one hundred
twenty days or such other time as is jointly established by
the metropolitan county council and the committee, which shall be
confirmed in the form of a motion by the metropolitan county council.
If the committee fails to act upon the proposed policy or plan within
the established time limit, the metropolitan county council may
adopt the proposed policy or plan upon ((eight)) six
affirmative votes. The committee may request, by motion to the county
council, additional time for review.
A proposed policy or plan recommended by a regional committee may
be adopted, without amendment, by the metropolitan county council
by ((seven)) five affirmative votes. If the metropolitan
county council votes prior to final passage thereof to amend a proposed
policy or plan that has been reviewed or recommended by a regional
committee, the proposed policy or plan, as amended, shall be referred
back to the appropriate committee for further review and recommendation.
The committee may concur in, dissent from, or recommend additional
amendments to the policy or plan. After the regional committee has
had the opportunity to review all metropolitan county council amendments,
final action to adopt any proposed policy or plan which differs
from the committee recommendation shall require ((eight))
six affirmative votes of the metropolitan county council.
The council shall not call a special election to authorize the
performance of an additional metropolitan municipal function under
state law unless such additional function is recommended by a regional
policy committee, notwithstanding the provisions of Section 230.50.10
of this charter. Such recommendation shall require an affirmative
vote of at least two-thirds of the membership of each of: (1) metropolitan
councilmembers of the committee; (2) members from the city with
the largest population in the county; and (3) other city or town
members of the committee. Nothing in this section prohibits the
metropolitan county council from calling a special election on the
authorization of the performance of one or more additional metropolitan
functions after receiving a valid resolution adopted by city councils
as permitted by RCW 35.58.100(1)(a) and RCW 35.58.100(1)(b), or
a duly certified petition as permitted by RCW 35.58.100(2).
Section 460. Consideration and Adoption of Appropriation
Ordinances.
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 hearing on the budget or any part thereof
that it deems advisable. The county council in considering the appropriations
ordinances proposed by the county executive may delete or add items,
may reduce or increase the proposed appropriations and may add provisions
restricting the expenditures of certain appropriations; but it shall
not change the form of the proposed appropriation ordinances submitted
by the county executive. The appropriation ordinances adopted by
the county council shall not exceeded the estimated revenues of
the county for the next fiscal year for each fund including surpluses
and reserves, but the county council may increase the amount of
the estimated revenues contained in the budget presented by the
county executive by reestimating the amount by motion passed by
a minimum of ((nine)) six affirmative votes or by creating additional
sources of revenue which were not included in the proposed tax and
revenue ordinances presented by the county executive.
650.10. Districts.
The county shall be divided into ((thirteen)) nine districts numbered
one through ((thirteen)) nine.
650.40.15. Districting in ((2004)) 2006.
Notwithstanding any other provision of this charter, the districting
committee called for in Section 650.30 of this charter also shall
be appointed and shall perform its duties in ((2004)) 2006
according to the months and days specified in Section 650.30 of
this charter to prepare a districting plan for nine council districts.
650.40.25. Elections and terms of office for ((2004)) 2007
and thereafter.
Elections for all council districts, as redistricted under Section
650.40.15 of this charter, shall be held in ((2005)) 2007.
Councilmembers elected in ((2005)) 2007 to represent
districts one, three, five, seven and nine each shall serve four-year
terms. Councilmembers elected in ((2005)) 2007 to
represent districts two, four, six and eight each shall serve an
initial term of two years. Councilmembers elected in ((2005))
2009 to represent districts two, four, six and eight each
shall serve a term for four years. All subsequent elections shall
be held according to the existing provisions of this charter.
650.40.10 and 650.40.20 repealed. Sections 650.40.10, “Districting
in 1993,” and 650.40.20, “Initial Elections and Terms
of Office for Districts Ten, Eleven, Twelve and Thirteen,”
of the King County Charter are each hereby repealed.
SECTION 3. Ordinance 14767, Section 2, is hereby amended to read
as follows: Effective date. Upon approval by the
voters at the November ((4, 2003)) 2, 2004, countywide
general election of the amendment to Articles 2, 4 and 6 of the
charter as provided in this ordinance, the amendment takes effect
January 1, ((2006)) 2008, except that new Sections
650.40.15 and 650.40.25 and the repeals of Sections 650.40.10 and
650.40.20 take effect January 1, ((2004)) 2005.
SECTION 4. Severability. If any provision of
this ordinance, or its application to any person or circumstance
is held invalid, the remainder of the ordinance, or its application
to other persons or circumstances is not affected.
Ordinance 14965 was introduced on 7/12/2004 and passed as amended
by the Metropolitan King County Council on 7/19/2004, by the following
vote:
Yes: 9 – Mr. Phillips, Ms. Edmonds, Mr. von Reichbauer, Ms.
Lambert, Mr. Pelz, Mr. Gossett, Ms. Hague, Ms. Patterson and Mr.
Constantine
No: 4 – Mr. McKenna, Mr. Ferguson, Mr. Hammond and Mr. Irons
Excused: 0
KING COUNTY COUNCIL
KING COUNTY, WASHINGTON
______________________________
Larry Phillips, Chair (signed)
ATTEST:
____________________________________
Anne Noris, Clerk of the Council (signed)
APPROVED this ____ day of _________, 2004
DEEMED ENACTED
WITHOUT COUNTY
EXECUTIVES SIGNATURE
DATED: July 30, 2004
__________________________
Ron Sims, County Executive
Attachments None
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