HomeMy WebLinkAbout02/15/2011 06 Charter Amendment and Charter Amendment Committee Designation BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6
For Meeting Of: February 15, 2011
ITEM TITLE: Council discussion and consideration of mechanisms provided under state law
and the City Charter to amend the Charter; designation of Charter Committee;
and referral of Charter to such committee for review and recommendation.
SUBMITTED BY: Jeff Cutter, City Attorney
CONTACT PERSON / TELEPHONE: Mark Kunkler, Senior Assistant City Attorney/575-3552
SUMMARY EXPLANATION: In previous discussions, the City Council expressed a desire to
consider amendments to the City Charter to update the Charter to be consistent with current
state laW and to more accurately reflect current needs of the City of Yakima. A memorandum
has been prepared discussing the mechanisms available under state law and the existing City
Charter to initiate and implement amendments to the Charter. When the issue was discussed
by the City Council on January 18:2011, it was suggested that the City Council review and
• discuss the statutory options for amending the Charter, then create a Charter Committee for
referral and review following the February 8, 2011 Special Eleetion.
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Resolution Ordinance Contract Other X (Specify) Memorandum
Funding Source N/A
APPROVAL FOR SUBMITTAL:
ting City Manager
STAFF RECOMMENDATION: Consider designating an ad hoc Charter Committee, with
referral of the Charter to such committee for further review and recommendation regarding
amendment.
BOARD RECOMMENDATION:
COUNCIL ACTION:
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CITY OF YAKIMA
• LEGAL
DEPARTMENT
2C0 South Third Street, Yakima, Washington 989(11 (509)5'75-6(B0 Fax (509)575-6160
MEMORANDUM
February 4, 2011
TO: Honorable Mayor and City Council
Michael A. Morales, Acting City Manager
FROM: Mark Kunkler, Senior Assistant City Attorney
SUBJECT: Charter Amendment — Mechanisms and Procedures
• The Washington State Constitution, state statutes and the City of Yakima Charter
describe three general "paths" for amendment of city charters for first class cities.
Within each general "path" there may be further options. These are discussed below.
A. The "Three Paths" to Charter Amendment — Summary.
1. "New or Revised" Charter.
(a) Petition.for Election of Freeholders — New or Revised Charter. This
method allows for a petition to be filed, signed by the requisite number
of qualified voters (twenty-five percent of the total votes cast at the last
preceding city election), to place a ballot measure for election of fifteen
"freeholders." If the voters approve the measure, the freeholders have
one year to prepare and present the new or revised charter. The new
or revised charter is then voted as a ballot measure at a general
election or special election called for that purpose. RCW 35.22.140.
This method is designed for use when an overall "re-writing" or
revamping of the Charter is envisioned. The charge to the freeholders
is to "convene and prepare a new charter by altering, revising, adding
to, or repealing the existing charter including all amendments thereto..."
RCW 35.22.150.
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(b) Council Call for an Election of Freeholders — New or Revised Charter.
RCW 35.22.140 provides that, as an option, the City Council may
, I
Memorandum to Honorable Mayor and Members of the City Council
February 7, 2011
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Page 2
cause an election to be held for the purpose of electing fifteen
freeholders. As in the Petition for Election of Freeholders above, if the
voters approve the measure, the freeholders have one year to "convene
and prepare a new charter by altering, revising, adding to, or repealing
the existing charter including all amendments thereto..." RCW
35.22.150; RCW 35.22.140. Again, this method seems best suited to
provide a mechanism for an "overall" re-writing of a Charter.
2. Petition for Amendment of Charter.
(a) State Statutes. RCW 35.22.120 provides:
On petition of a number (equal to fifteen percent of the total
number of votes cast at the last preceding general state election) of
qualified voters of any municipality having adopted a charter under
the laws of this state, asking the adoption of a specified charter
amendment, providing for any matter within the realm of local
affairs, or municipal business, the said amendment shall be
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submitted to the voters at the next regular municipal election,
occurring thirty days or more after said petition is filed, and if
approved by a majority of the local electors of the municipality
voting upon it, such amendment shall become a part of the charter
organic law governing such municipality.
(b) City of Yakima Charter Article XIII. The City of Yakima's current
Charter provision (Article XIII) states that, instead of a petition signed by
a number of qualified voters equal to "fifteen percent of the total number
of votes cast at the last preceding general state election," only 500
signatures of qualified voters are required:
This charter may be amended in the manner provided by the laws;
of the State of Washington. In addition thereto the City Commission,
may provide by ordinance for a special election to be held on the
; first Monday in December, 1931, at which time amendments to this
charter may be submitted: Provided, that if a petition for such
lelection signed by not less than 500 qualified voters of the City'
shall be submitted not less than 30 days prior thereto, then the City
'Commission shall be required to call such election. At the said'
;special election the City Commission may submit other questionsl
!which in its judgment should be determined by the people. In
Memorandum to Honorable Mayor and Members of the City Council
• February 7, 2011
Page 3
subsequent years special elections for amending this charter may
be called by the City Commission or shall be called upon petition of
not less than 500 qualified voters.
(Emphasis added.) The provisions of the city Charter, being more liberal
than the state statute, would not be in conflict with the general law and
thus would control.
3. Council-initiated Amendments. RCW 35.22.130, discussing the
"requisites of petitions" for amendment, includes the following provision:
...This and RCW 35.22.120 do not deprive city councils of the right
to submit proposed charter amendments but affords a concurrent
and additional method of submission.
Article 11, Section 10 of the Washington State Constitution provides in
part:
111 Such charter may be amended by proposals therefor submitted by
the legislative authority of such city to the electors thereof at any
general election after notice of said submission published as above
specified, and ratified by a majority of the qualified electors voting
thereon. In submitting any such charter, or amendment thereto, any
alternate article or proposition may be presented for the choice of
the voters, and may be voted on separately without prejudice to
others.
(Emphasis added.) Thus, amendments may be proposed by the City
Council. The language in the above-quoted portion regarding submission
of an amendment "at any general election" has been held to include both
general elections and special elections.
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