HomeMy WebLinkAboutAgenda Packet 09/13/2006
~ORTANGELES
WAS H I N G TON. U. S. A.
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CITY COUNCIL SPECIAL MEETING
September 13. 2006
I.
CALL TO ORDER - SPECIAL MEETING:
II.
ROLL CALL:
Members Present:
Mayor Rogers
Deputy Mayor Williams
Councilmember Braun
Councilmember Headrick
Councilmember Munro
Councilmember Petersen
Councilmember Wharton
Staff Present:
Manager Madsen
Attorney Bloor
Clerk Upton
G. Cutler
D. McKeen
T. Riepe
y. Ziomkowski
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III. PLEDGE OF ALLEGIANCE:
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· ~ORTANGELES
WAS H I N G TON, U.S. A.
CITY COUNCIL SPECIAL MEETING
Attendance Roster
DATE OF MEETING: Selltember 13. 2006
LOCATION: City Council Chambers
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THE INITIATIVE PROCESS OUTLINE
State Law and State Constitutional Provisions Governing Initiatives
September 13, 2006
What is the Power of Initiative?
The power of initiative is. the right of the voters to directly initiate legislation.
Initiative and Referendum Powers for Cities are Unique
Scope and Application of Initiative and Referendum powers in Cities are:
. Different than State
. Different than Counties
Two Questions Need to He Considered
1. What is Subject to Initiative?
2. What is the Procedure?
In a Code City What is Subject to Initiative?
Initiatives in a Code City are Limited To:
. Legislative acts (not administrative)
. Actions that are granted to voters by the state legislature
First Test: Is the Ordinance Legislative or Administrative?
. If administrative, it is not subject to initiative or referendum.
. If legislative, it may be subject to initiative and referendum -- depending
upon the outcome of the second test.
Second Test: Does the Ordinance Exercise Authority Granted to the City
Councilor to the Electorate?
· If a power has been granted to the city council, it is not subject to initiative.
The Action Must Pass Both Tests:
. Administrative /Legislative
. Power granted to the city council/electorate
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THE INITIATIVE PROCESS OUTLINE
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State Law and State Constitutional Provisions Governine: Initiatives
In a Code City What is the Procedure?
1. Initiative Petition Filed with City
2. City Clerk transmits to County Auditor (3 business days)
3. Auditor Certifies Signatures i
4. If signatures are sufficient, Auditor Certifies to City
5. City Council Action (20 days) ,
a. Adopt Ordinance as Proposed
Or
b. Place the Proposition on Ballot for Election
What is a Declaratory Judgment Action?
· Courts have power to declare rights, status and other legal relations.
· A person whose rights or other legal relations are affected by a
municipal ordinance may have determined any question of
construction or validity under the ordinance and obtain a declaration
of rights, status or other legal relations.
· The Washington State Supreme Court has ruled that the proper
method for resolving whether a proposed initiativ_e is beyond the
scope of the initiative power is to seek a judicial determination before
the matter is placed on a ballot.
Certain responsibilities have been placed on code cities by the State Legislature.
Both the City and its Citizens have a stake in ensuring that these responsibilities
are carried out in accordance with State Law.
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NEWS RELEASE
DATE:
TO:
September 13,2006
Peninsula Daily News
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Peninsula News Network
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CITY COUNCIL RESPONDS TO Two INITIATIVES
City of Port Angeles City Council held a special meeting on September 13,2006 to consider two
initiative petitions.
One group called Protect Our Waters had submitted an initiative petition titled the "Water Additives
Safety Act", while another group called Our Water - Our Choice! submitted a separate petition for the
"Medical Independence Act".
City Council viewed a presentation by City Attorney Bill Bloor that described the general initiative
process and also the details of each petition as it relates to State Law requirements. Council also heard
comments from citizens and others in the audience.
The power of initiative is the right of the voters to directly initiate legislation by petition. However,
initiatives in cities are different than statewide initiatives. The subject matter of initiatives in cities is
more limited. In cities, issues are subject to initiative only ifthey are: legislative acts (not
administrative), and actions granted to the voters by the state legislature, and ordinances that City
Council can adopt.
Both the City and its Citizens have a stake in ensuring that these responsibilities are carried out in
accordance with State law. Additionally, both the City and its Citizens have a stake in ensuring that
initiatives are valid. There are potential legal issues about whether these two initiatives are within the
scope of initiatives for cities.
Councilmember Grant Munro made a motion to direct city staff to proceed with the declaratory
judgment action, and not forward the petitions to the County Auditor for certification. Councilmember
Gary Braun seconded the motion. The vote was then taken with 6 councilmembers in favor of the action
with Councilmember Wharton abstaining.
The City Council's decision is that the most appropriate way to answer those questions is to bring an
action in court to ask the judge to rule whether the two initiatives are proper.
Contact Person:
Teresa Pierce
Executive Communications Coordinator
City Manager's Office
Phone: 360-417-4630
Email: tpierce@cityofpa.us/webmaster@cityofpa.us
Website: www.cityofpa.us