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File #: 2021-0245    Version: 1
Type: Ordinance Status: In Committee
File created: 6/22/2021 In control: Committee of the Whole
On agenda: Final action:
Enactment date: Enactment #:
Title: AN ORDINANCE proposing to amend the King County Charter to establish Reverend Doctor Martin Luther King, Jr., County council as the designated name for the legislative branch of county government in King County where applicable in the king county charter; amending Sections 210, 220, 220.10, 230.50.10, 270.10, 270.20, 270.30, 270.40 and 680.10 of the King County Charter; and submitting the same to the voters of the county for their ratification or rejection at a special election to be held in conjunction with the November 2, 2021, general election.
Sponsors: Girmay Zahilay
Indexes: Charter, Council, Elections, King County, Martin Luther King
Attachments: 1. 2021-0245_SR_Charter Amendment--Council Renaming
Staff: Reed, Mike

Drafter

Clerk 06/21/2021

Title

AN ORDINANCE proposing to amend the King County Charter to establish Reverend Doctor Martin Luther King, Jr., County council as the designated name for the legislative branch of county government in King County where applicable in the king county charter; amending Sections 210, 220, 220.10, 230.50.10, 270.10, 270.20, 270.30, 270.40 and 680.10 of the King County Charter; and submitting the same to the voters of the county for their ratification or rejection at a special election to be held in conjunction with the November 2, 2021, general election. 

Body

                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  There shall be submitted to the qualified voters of King County for their ratification or rejection, at a special election to be held in conjunction with the November 2, 2021, general election, an amendment to Sections 210, 220, 220.10, 230.50.10, 270.10, 270.20, 270.30, 270.40 and 680.10 of the King County Charter, to read as follows:

                     Section 210  Composition.

                     The legislative branch shall be composed of the ((metropolitan)) Reverend Doctor Martin Luther King, Jr., county council.  All references to the county council or the King County council provided in this charter are intended to refer to the Reverend Doctor Martin Luther King, Jr., County council, which is hereby established as the designated name of the legislative branch of county government in King County.

                     Section 220  The ((Metropolitan)) County Council.

                     220.10  Composition and Terms of Office.

                     The ((metropolitan)) county council shall consist of nine members.  The county shall be divided into nine districts, and one councilmember shall be nominated and elected by the voters of each district.  The term of office of each councilmember shall be four years and until the councilmember’s successor is elected and qualified.

                     230.50.10  Institutional Initiative.

                     Any city or town located within the county may, after securing the consent, by motion or resolution, of at least one half of the cities within the county, propose an ordinance of county-wide significance directly to the ((metropolitan)) county council, except an ordinance which is not subject to a referendum under the provisions of Section 230.40 of this charter.  Such proposed legislation shall be in ordinance form.  The ((metropolitan)) county council shall take action on such proposed legislation within ninety (((90))) days of its filing with the county council.

                     270.10  Regional Committees.

                     Three regional committees shall be established by ordinance to develop, recommend and review regional policies and plans for consideration by the ((metropolitan)) county council:  one for transit, one for water quality and one for other regional policies and plans.

                     270.20  Composition of regional committees.

                     Each regional committee shall consist of nine voting members.  Three members shall be ((metropolitan)) county councilmembers appointed by the chair of the council, and shall include councilmembers from districts with unincorporated residents.  Each county councilmember vote shall be weighted as two votes.  The remaining six members of each committee except the water quality committee shall be local elected city officials appointed from and in proportion to the relative populations of:  (i) the city with the largest population in the county and (ii) the other cities and towns in the county.  Committee members from the city with the largest population in the county shall be appointed by the legislative authority of that city.  Committee members from the other cities and towns in the county shall be appointed in a manner agreed to by and among those cities and towns representing a majority of the populations of such cities and towns, provided, however, that such cities and towns may appoint two representatives for each allocated committee membership, each with fractional (1/2) voting rights.

                     The special purpose districts providing sewer service in the county shall appoint two members to serve on the water quality committee in a manner agreed to by districts representing a majority of the population within the county served by such districts.  The remaining four local government members of the water quality committee shall be appointed in the manner set forth above for other regional committees.  The council may by ordinance authorize the appointment to the water quality committee of additional, nonvoting members representing entities outside of the county that receive sewerage treatment services from the county.  Allocation of membership of each committee's members who are city and town representatives shall be adjusted January 1 of each even-numbered year beginning in 1996 based upon current census information or, if more recent, official state office of financial management population statistics.

                     In the event any areas are annexed pursuant to powers granted to metropolitan municipal corporations under state law, the populations of any cities and towns in such annexed areas shall be considered as if they were within the county for purposes in this section with regard to regional committee participation on policies and plans which would be effective in such annexed areas.

                     Members representing six and one-half votes constitute a quorum of a regional committee.  In the absence of a quorum, the committee may perform all committee functions except for voting on legislation or a work program.  Each committee shall have a chair and a vice-chair with authority as specified by ordinance. The chair shall be a county councilmember appointed by the chair of the county council.  The vice-chair shall be appointed by majority vote of those committee members who are not county councilmembers, in accordance with voting rights that are apportioned as provided in this section.

                     270.30  Powers and Duties.

                     Each regional committee shall develop, propose, review and recommend action on ordinances and motions adopting, repealing, or amending transit, water quality or other regional countywide policies and plans within the subject matter area of the committee.  The subject matter area of the regional policies committee shall consist of those countywide plans and policies included in the committee's work program by a majority of the members present and voting, with no fewer than three and one-half affirmative votes.

                     The county council shall refer each such proposed ordinance or motion, except those developed and proposed by a regional committee, to a regional committee for review.  The regional committee shall complete review and recommend action within one hundred twenty days or such other time as is jointly established by the county council and the committee, which shall be confirmed in the form of a motion by the ((metropolitan))  county council.  If the committee fails to act upon the proposed ordinance or motion within the established time limit, the county council may adopt the proposed ordinance or motion upon six affirmative votes.  The committee may request, by motion to the county council, additional time for review.

                     A proposed ordinance or motion that has been reviewed and recommended or developed and proposed by a regional committee may be adopted, without amendment, by the county council by five affirmative votes.  If the county council votes prior to final passage thereof to amend a proposed ordinance or motion that has been reviewed or recommended or proposed by a regional committee, the proposed ordinance or motion, as amended, shall be referred back to the appropriate committee for further review and recommendation.  The committee may concur in, dissent from, or recommend additional amendments to the ordinance or motion.  After the regional committee has had the opportunity to review all county council amendments, final action to adopt any proposed ordinance or motion that differs from the committee recommendation shall require six affirmative votes of the county council.

                     Each regional committee may develop and propose directly to the council an ordinance or motion adopting, amending or repealing a countywide policy or plan within the subject matter area of the committee. Such proposals must be approved by a majority of the members present and voting, with no fewer than three and one-half affirmative votes.  Within one hundred twenty days of introduction or such other time as is jointly established by the county council and the committee, which shall be confirmed in the form of a motion by the county council, the council shall consider the proposed legislation and take such action thereon as it deems appropriate, as provided by ordinance.

                     The council shall not call a special election to authorize the performance of an additional metropolitan municipal function under state law unless such additional function is recommended by a regional policy committee, notwithstanding the provisions of Section 230.50.10 of this charter.  Such recommendation shall require an affirmative vote of at least two-thirds of the membership of each of:  (1) metropolitan councilmembers of the committee; (2) members from the city with the largest population in the county; and (3) other city or town members of the committee.  Nothing in this section prohibits the ((metropolitan))  county council from calling a special election on the authorization of the performance of one or more additional metropolitan functions after receiving a valid resolution adopted by city councils as permitted by RCW 35.58.100(1)(a) and RCW 35.58.100(1)(b), or a duly certified petition as permitted by RCW 35.58.100(2).

                     270.40  Invalidity - Development of Proposed Amendment.

                     If any provision of section 270 of this charter is declared invalid, the ((metropolitan)) county council shall initiate a process with representatives of cities and towns within the county to develop a proposed charter amendment providing for effective city, town, and unincorporated area participation in regional decisions.

                     680.10  Designation, Appointment and Election to Fill Vacancy.

                     Immediately upon commencing their terms of office, the county executive, county assessor, county director of elections and county prosecuting attorney shall each designate one or more employees who serve as a deputy or assistant in such office to serve as an interim official in the event of a vacancy in the elective office of the county executive, county assessor, county director of elections or county prosecuting attorney, respectively.

                     Except for a designation made by the ((metropolitan))  county council, a designation of an interim official shall only be effective if the county executive, county assessor, county director of elections and county prosecuting attorney, each for that officer’s elective office, complies with the following procedure; commits the designation to writing; identifies the order of precedence if more than one county officer or employee is designated; signs the written designation; has the written designation notarized; files the written designation with the county office responsible for records; and provides a copy of the written designation to the chair of the ((metropolitan))  county council.  The county executive, county assessor, county director of elections and county prosecuting attorney may, at any time, amend such designation by complying with the same procedure established for making the designation.

                     In the event the county executive, county assessor, county director of elections and county prosecuting attorney neglects or fails to make such a designation within seven calendar days of commencing ((his or her)) their terms of office, the ((metropolitan))  county council may by ordinance designate one or more employees who serve as a deputy or assistant in such offices to serve as an interim official in the event of a vacancy in the elective office of the county executive, county assessor, county director of elections or county prosecuting attorney, respectively.  A designation made by the ((metropolitan))  county council shall be effective upon adoption of the ordinance therefor and may be amended by ordinance; provided that a designation by the county executive, county assessor, county director of elections or county prosecuting attorney which occurs subsequent to the adoption of an ordinance shall take precedence over the designation by ordinance.

                     The designated county officer or employee shall immediately upon the occurrence of a vacancy serve as the interim official and shall exercise all the powers and duties of the office granted by this charter and general law until an acting official is appointed as provided in this section.

                     The ((metropolitan))  county council shall, after being appraised of a vacancy in the elective office of county executive, county assessor, county director of elections or county prosecuting attorney, fill the vacancy by the appointment of an employee who served as a deputy or assistant in such office at the time the vacancy occurred as an acting official to perform all necessary duties to continue normal office operations.  The acting official shall serve until the vacancy is filled by appointment pursuant to general law for nonpartisan county elective offices.

                     A vacancy in an elective county office shall be filled at the next primary and general elections which occur in the county; provided that an election to fill the vacancy shall not be held if the successor to the vacated office will be elected at the next general election as provided in Section 640 of this charter.  The term of office of an officer who has been elected to fill a vacancy shall only be for the unexpired portion of the term of the officer whose office has become vacant and shall commence as soon as he or she is elected and qualified.

                     A majority of the county council may temporarily fill a vacancy by appointment until the vacancy has been filled by election or the successor to the office has been elected and qualified.

                     SECTION 2.  The clerk of the council shall certify the proposition to the director of elections in substantially the following form, with such additions, deletions or modifications as may be required by the prosecuting attorney.

Shall Sections 210, 220, 220.10, 230.50.10, 270.10, 270.20, 270.30, 270.40 and 680.10 of the King County Charter be amended to establish

Reverend Doctor Martin Luther King, Jr., County council as the designated name for the county council?