Tuesday, December 04, 2007

Bellingham Herald Editorial Wrong About Charter Change!

Holy Cow! Todays "Our View" in the Bellingham Herald is a tsunami of misinformation. Half way through the opinion piece, it says:


Though we did not like the move to district-only voting, citizens of this county chose, through their ballots, to make that system part of the Whatcom County Charter. Changing that system back after one election without the consent of the citizens seems rash and presumptive.
That's wrong, wrong, wrong? I talked to the Heralds Opinion Editor Scott Ayers on the phone and he said he thought some Council members had said they wanted to return to county-wide voting by passing a resolution. While we were on the phone he looked for the Herald news article he thought had said that, but couldn't find it. Scott said he would look into it further and bring it up at this afternoon's staff meeting.

I've talked with Scott Ayers more than once and I don't have the impression that he has any sort of bad intentions or a secret agenda. However, I do think publishing an editorial based on half-remembered unverified information on the day of the Council meeting is a huge disservice to the community.

The facts are that the County Council can't amend the Charter and the Council members know that. They can however, pass an Ordinance that would send a proposed Charter amendment to the voters and that is what Council members have been talking about doing.

The Ordinance that Councilwoman Brenner is putting forward tonite would send the question to the voters on next years ballot. It would ONLY put the question on the ballot and NOTHING ELSE. The Whatcom County Charter DOES NOT allow the County Council to amend the Charter. The council can only put a proposed amendment before the voter.

This is what the Whatcom County Charter says about amending the Charter:

Section 8.21 Amendments by the Charter Review Commission.
The Commission may propose amendments to the Charter by filing such proposed amendments with the County Council who shall submit the amendment to the voters at the next November general election at least ninety (90) days after the filing and registration of the amendments.

Section 8.22 Amendments by the Public.
The public may propose amendments to the Charter by registering with the Auditor an initiative petition bearing the signatures of registered voters of the county equal in number to, but not less than, twenty (20) percent of the number of votes cast in the county in the last gubernatorial election. Signatures shall be registered not more than one hundred twenty (120) days following filing of the petition with the Auditor, who shall submit the amendments to the voters. The one hundred and twenty (120) day period shall begin upon receipt of official notification to petitioner(s) by the Prosecuting Attorney’s Office either by certified mail or mes-senger. If the last day for collecting signatures falls on a weekend or legal holiday, then the one hundred and twenty (120) day period shall extend to the end of the next business day. (Amended by referendum 1986; Ord. 93-045; amended by referendum 1995; Ord. 2005-075 Exh. A)


Section 8.23 Amendments by the County Council.
The County Council may propose amendments to the Charter by enacting an ordinance to submit a proposed amendment to the voters at the next November general election occurring at least ninety (90) days after enactment. A minimum of five (5) affirmative votes shall be required to enact such an ordinance. An ordinance proposing an amendment to the Charter shall not be subject to the veto power of the County Executive. The County Council by unanimous vote of the entire Council may effect amendments to the language of the Charter where the passage of time has rendered language moot or obsolete. Such changes shall be made by ordinance, and have a public hearing. (Amended by referendum 1995)

There is no way for the County Council to change the County Charter without going to the voters... And no one on the Council was EVER trying to go around the voters.

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