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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. • 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: • 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. • (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 • 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 • 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. • 410