Local
paper vilifies elected commission for proposed changes to Home
Rule Charter By Sue Forde, Editor Sequim, WA – 7/27/02 – On Wednesday,
July 24, 2002, the weekly newspaper in Sequim attacked the
15-member elected board of Home Rule Charter Commissioners,
calling them “a group of special-interest, anti-government
extremists gone awry.” The
purported reason for the charges was that the commission had put
forth the idea of electing the director of the Department of
Community Development (DCD), and a recommendation that “a
charter revision proposal that would suspend any county
ordinance with the signatures of 100 voters on a petition.” The main editorial in the Sequim Gazette
written by the editor (although no signature or byline was
included), was headlined “Charter Proposal Bizarre.”
The paper is about to eat crow with its false statements
and name-calling, if letters to the editor are printed in next
week’s edition. Members of the commission and citizens alike
are furious over the false allegations and erroneous statements
made by the paper. Over the past months, the Charter Review
Commission has worked long and hard to develop changes to the
county home rule charter (the county’s “constitution”),
based on public hearings and input they’ve gathered since the
election last November. Two
major issues kept arising at the hearings: one was the complaint
by many citizens of the problems arising out of the DCD with
property matters, and the lack of response and arrogance by that
department, whose staff and head seemed to put the environment
before the people in their interpretation of various codes,
particularly the Critical Areas Code. The second was the resounding idea that the
initiative and referendum processes needed to be strengthened,
especially in view of what happened with Initiative 6 – the
Repeal of the Critical Areas Code – which was short-circuited
from going to the people for a vote last year by the county
commissioners filing a Declaratory Judgment against Bob Forde,
the initiative’s sponsor. The commissioners, after long hours and
many meetings, put together a number of changes which may go
forward to the voters on the ballot, some this year, and some in
2003. The League of
Women Voters, led by Vicci Rudin, has been outspoken against the
idea of electing the director of the DCD (as has the Director
himself, Bob Martin, who has appeared before the commission
numerous times to testify in favor of keeping his position an
unelected one). Because
of the controversy, the decision whether to make his position an
elected one will probably go to the people to decide. Rudin also
admonished the commission not to change the number of signatures
required to start a referendum. The commission looked at, and incorporated,
language from other counties around the state concerning the
initiative and referendum process.
The new language, as proposed, places the procedure into
easy-to-follow steps, with safeguards to get an initiative to
the ballot instead of being shut down before getting to the
people for a vote. At
the Home Rule Charter commission meeting on July 18, 2002, the
following was passed unanimously by the board of commissioners,
which was incorporated into the entire referendum section:
“Any registered voter of Clallam County may file a
referendum proposal against an ordinance or portion thereof
within 10 days of its adoption by the Board of Commissioners.”
On July 22, attorney Chris Melly made a suggestion to
change the 10 days to 8 days, and that change was passed by the
commission on July 25. No mention of 100 signatures is made
concerning the initiative process. (An initiative is the
creation of a new law, or the repeal of a law, initiated by the
people.) The referendum process, which in the
existing charter only requires one signature to get it started,
would require 100 signatures under the proposed change, just to
get it started, making it more difficult for “frivolous”
referendums. This
is 100 times the number required now!
The referendum sponsor would have only 8 days to get
those 100 signatures. (A
referendum deals with a law just passed by the county
commissioners – it “refers” the law to the people –
submits to popular vote - measure passed on or proposed by the
county commissioners). The Sequim Gazette ran a “news” story
about the issue, entitled “Charter proposals baffle county
leaders” (7.24.02). They
seemed to believe that “any ordinance could be under massive
attack” and would “suspend any ordinance” with the
100-signature change, a statement which was inaccurate and
misleading, to say the least. “Any ordinance” could not be suspended
under the proposal; only a new, proposed ordinance made by the
county commissioners, if 100 signatures could be gathered within
8 days – not an easy feat.
That’s only to get the referendum started, and then 5%
of the people who voted in the last general election would have
to sign on in order to get it on the ballot for the vote of the
rest of the people. “Any ordinance” would include the right
of initiative – and the initiative process does not call for
100 signatures anywhere in the language.
The process for an initiative is different than that for
a referendum. Bob Forde, sponsor of Initiative 6, which
apparently caused the changes to the charter to be proposed in
the first place, was quoted as saying such an amendment would be
“dangerous” in the hands of people like himself.
The statement was apparently pulled out of context from a
public hearing held months ago, as he was never interviewed for
the edition that has printed the statement, amounting to
propaganda rather than an editorial, which is supposed to offer
information. The weekly paper also stated that
Initiative 6 was “rejected” by the county, but failed to
mention that the issue has been accepted for hearing by the
judges at the state appeals court, and Forde’s side of the
case has been joined with an amicus brief by prominent
individuals and organizations.
Signers include two state representatives, a state
senator, the state farm bureau, the Evergreen Freedom
Foundation, and a county. It’s
been deemed important enough an issue to be placed on the
“fast track” with the courts, and many experts believe that
the initiative will and be returned to the county for a vote of
the people at long last. Rudin, in a statement before the commission
on July 25th, charged the commission using a
“sleight of hand”. She said she and the League “are especially chagrined at
comment last week that the voters might not even have an
opportunity to read entire the text you are proposing. In terms
of the issue which it appears that you want the change in the
structure of the initiative/referendum is the change in the
number of votes necessary to implement the referendum process,
that’s gotten a lot of coverage in the press this week, and I
do urge you to reconsider that.
As I mentioned last week, we were concerned about the
modification in the limitation in the initiative/referendum
process. I think
you could get the county in a lot of trouble by changes in the
initiative/referendum process.” During the July 25th home rule
charter commission meeting, Commissioner Rod Fleck, (also city
attorney for the city of Forks), demanded an apology from Rudin
and from the newspaper. He
and other board members were insulted by the inflammatory
statements made. Commissioner Richard Miller said he “took
offense” at the newspaper’s article, and demands an apology,
as well. (The entire charter with its proposed changes can be picked up at the county courthouse or read online at http://www.clallam.net/bocc/bocc_charter.htm). In accordance with Title 17 U.S.C. Section 107, any copyrighted work in this message is distributed under fair use without profit or payment for non-profit research and educational purposes only. [Ref. http://www.law.cornell.edu/uscode/17/107.shtml]
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