The Courthouse Journal A Joint Publication of the Washington State Association of Counties & Washington Association of County Officials July 21, 2000 Number 14 BLANKET PRIMARY AGREEMENT REACHED Statement from Christine Gregoire, Attorney General; John White, Attorney for the Washington State Republican Party; David McDonald, Attorney for the Washington State Democratic Party - July 20, 2000 Following a week of negotiations, attorneys for the state and the Republican and Democratic parties today will propose to the Federal District Court an agreed order which would leave this year's September primary unchanged. The proposed order will be submitted to the Federal District Court in Tacoma, at 2:30 p.m. today. We jointly filed a proposed agreed preliminary injunction and requested it be entered to dispose of the Democrats' motion for preliminary injunction. Although the agreed order restrains state officials from conducting future primaries in violation of the First Amendment associational rights of the political parties' and their voters, as part of the agreed injunction both political parties agreed to withdraw - for September 2000 only - their objections to the blanket primary. The proposed order is in response to the recent U.S. Supreme Court decision on the blanket primary in California and is intended to avoid a disruption of the state's primary election on September 19. Party leaders have agreed that the state has a major role in structuring and monitoring the election process, including primaries. But the agreement also recognizes the decision of the U.S. Supreme Court, which held that each political party has the right, within other federal and state constitutional limitations, to determine which voters may participate in the nomination of the candidates of that party for public offices. The agreement recognizes that the blanket primary system currently in Washington state law conflicts with the decisions of the two major political parties about which voters they will choose to have participate in the selection of their nominees in future primaries. The U.S. Supreme Court's ruling concluded that one of a political party's fundamental rights is to select its nominees. In Washington, the selection of nominees is done by a blanket primary, which does not permit the parties to determine who selects their nominees. Under the agreement, both political parties agreed to withdraw their objections to the blanket primary process for this year. The agreement does not limit the right of the political parties to raise issues before the Legislature or the courts after the primary election this fall. Nor does the agreement prevent the state from its own legal challenges, including disclosure of voter lists to the parties. The joint action gives the Secretary of State and Legislature time to gather input from the public, including Republican voters, Democrat voters, minor party voters, and independent voters throughout the state. The agreement does not impact the interests of minor parties in the 2000 primary. This is a good result for everyone. It clarifies immediately for the public and elections officials how this year's primary will be conducted and it provides a mechanism for early resolution next year of any disputes that may arise as the Legislature modifies the election laws. We are pleased we were able to reach a fair agreement. ************************************** FILING PERIOD FOR CANDIDATES The five-day filing period for candidates for this fall's elections begins on Monday, July 24, and ends on Friday, July 28, in county auditors' offices/elections departments. Many WSAC members will be up for election, but at his time, only three WACO officials will be running for unexpired terms. In addition, under the Pierce County Charter, the assessor/treasurer position is up for election. All state officials must run for office this year: governor, lieutenant governor, secretary of state, treasurer, auditor, attorney general, commissioner of public lands and superintendent of public instruction. Among WACO and WSAC members running for other offices are Clark County Assessor Ben Gassaway who is a candidate for the 49th District Senate seat being vacated by Sen. Al Bauer; Pierce County Executive Doug Sutherland is running for commissioner of public lands; and Pierce County Prosecutor John Ladenburg is running for Pierce County Executive. Thurston County Auditor Sam Reed and Snohomish County Auditor Bob Terwilliger will both be in the race for secretary of state. And, finally, Whatcom County Council member Bob Imhof is running for the 42nd District House seat. At the federal level, the current terms of Senator Slade Gorton and all congressional seats expire at the end of the year. We will put a complete list of candidate filings in the August 4 issue of The Journal. ************************************** I-722 RAISES MANY QUESTIONS (by Fred Saeger, WACO) This article is the first in a series, pointing out some of the questions and issues that will be faced by county officials if I-722 has enough valid signatures and passes a vote of the public in November. I-722 includes many provisions, so I will discuss different aspects each week. The entire text of I-722 is included with this copy of The Courthouse Journal. The first question we need to ask is what the effective date of I-722 will be. The Washington State Constitution says that initiatives and referendums will be effective 30 days following the election if no specific effective date is included. Since there is no effective date in the initiative and assuming it passes, I-722 would become law at midnight on December 7, 2000. The next question is whether the passage of I-722 will impact the levy setting process going on this fall for collection of taxes in 2001. This appears to be possible. Later is a quote from a Supreme Court decision in the early seventies wherein a challenge was brought over the effective date of a constitutional amendment that passed in November of 1972 dealing with property taxes. That constitutional amendment became effective on December 7, 1972. Nearly everyone in the state assumed that since the levies were already set in the fall of 1972 for collection in 1973, there was no change necessary for the 1973 property tax bills. The State Supreme Court ruled that that was not the case and that voters expected to see immediate changes to their property taxes. Since counties had not made the adjustments, there was a statewide property tax refund necessary in the fall of 1973, refunding to every taxpayer in the state a few "mills" off of the state levy. Pinned to my office bulletin board is a 1973 Property Tax Refund check that I received from Thurston County-for a total of 23 cents. Even though postage and mailing costs were a lot less in 1973, I can guarantee that Thurston County spent more than 23 cents to send me that check. No county treasurer is going to want to find themselves in a situation where they would have to make property tax refunds to every taxpayer, nor do assessors want to recalculate all levies sometime late in December. However, there may not be a choice. In Department of Revenue v. Hoppe 82 Wn.2d 549 the Supreme Court stated the following: "A conscientious voter who read every word of the text of SJR 1, the ballot title, the official explanation of the effect of the measure and the statement for the proposal would not find a whisper of suggestion that its impact would not be felt until 1974. We refuse to attribute to the average informed voter or even the better-than-average informed voter the legal theory that the proposed amendment hinged on the complex scheme of levying taxes in one year and collecting them in the next year so that all taxes levied in 1972 were beyond the reach of SJR 1. If that was intended by the drafters of the measure, it would have been simple to say so. We hold that SJR 1 applies to and sets the limits for the regular property taxes legislatively levied in 1972 and collectible in 1973." What do you think? Would I-722 be effective for 2000 levies for 2001 collections? The DOR v. Hoppe decision would not apply if it could be demonstrated that I-722 is distinguishable from the issues in the Hoppe case. Any thoughts, ideas, or suggestions on I-722 will be appreciated and I will be more than happy to share thoughts and suggestions with readers of The Courthouse Journal in future weeks. I can be reached at the following numbers: phone/360-753-7319; fax/360-664-2812; or e-mail at . Note: The purpose of these articles over the next several weeks is to stimulate discussion on the potential impacts of I-722 and get county officials to start thinking about how these issues might be dealt with. No one should take these articles as being hard and fast conclusions, just the thoughts of an individual who has spent a lot of time working on property tax issues. The ultimate answer to these questions will most likely first be addressed by county prosecuting attorneys, maybe the Department of Revenue and/or Attorney General's Office, but ultimately the State Supreme Court. ************************************** WACO CONFERENCE ************************************** WACO CONFERENCE - ELECTIONS The annual WACO Conference will be held in Kennewick, October 2-6, at the WestCoast Tri-Cities (formerly Cavanaugh's at Columbia Center). It is not too early to begin thinking about the election to be held for three positions on the WACO Board of Trustees during the conference and to consider whether YOU would like to become a candidate and help to shape our organization's future. Positions up for election this year are: 1. Secretary-treasurer - the first step in line to the presidency. Any WACO member can run for this position. 2. Trustee-at-large Position 2 - Represents counties with populations of 125,000 - 500,000. 3. Trustee-at-large Position 4 - Represents counties with populations of 12,000 - 40,000. If you are interested, polish up your resume and a letter of intent, and have it ready next month when the official "election" call letter is sent out. Conference registration and information will also be mailed in August. ************************************** COUNTY NEWS ************************************** GOOD THINGS We are searching for stories for The Courthouse Journal, which highlight positive things that counties are doing. During their recent courthouse visits around the state, WACO Executive Director Fred Saeger and WSAC Executive Director Bill Vogler heard many great stories about the way counties are doing business these days. If your county has any programs that save time and money, increase services to the public, focus on partnerships, educate, have interesting resources, or are just plain innovative and award winning, let us know and we will highlight your story in a future issue of the Journal. ************************************** NEW COUNTY CLERK NAMED Rhonda Steinman has been appointed as the new Grays Harbor County Clerk by commissioners and will file for that office next week, intending to run for the unexpired term of Jackie Busse, who retired May 31. Steinman has been an Aberdeen city council member for the past 10 years. ************************************** KING COUNTY TO VOTE ON FINGERPRINTING Before the special levy that supports the King County Automated Fingerprint Identification System (AFIS) expires in December, King County voters will have an opportunity at the polls to extend it. The King County Council recently approved a measure for the September 19 ballot which would extend the special property tax measure. If passed, it will provide $54 million over a five-year period to support the fingerprint database. Homeowners will actually see a reduction in the levy amount each pays. Currently, a homeowner with a home assessed at $200,000 pays $12.85 annually for AFIS. If approved again, the amount would drop to $11.67 in 2001 and to $9.91 four years later. Most Council members agree that the county general fund instead a property tax would be a more appropriate funding source for the system. King County law enforcement credit AFIS with assisting them in solving dozens of cases annually. The database contains over 430,000 fingerprints. The levy first passed in 1986 and has been approved by the voters on three different occasions. ************************************** PUBLIC HEARING ON IMAGING WACS SET The Archives and Records Management Division of the Secretary of State's Office has scheduled a public hearing on August 3, 2000 in Olympia to receive comment on the proposed amendments to the Washington Administrative Code (WAC) on electronic imaging systems. County records managers are urged to review the proposed changes and provide a copy of their comments to WACO staff or the Archives Oversight Committee as soon as possible. WACO members on the committee are: Kitsap County Auditor Karen Flynn; Snohomish County Auditor Bob Terwilliger; Thurston County Auditor Sam Reed; Chelan County Clerk Siri Woods; Clark County Clerk JoAnne McBride, and, Kitsap County Clerk Dean Logan. The Archives suggests that written comments should be provided to them by August 1. The August 3 hearing will be held at the Department of Natural Resources Building, Room 172, 1111 Washington Street SE, Olympia at 10:00 a.m. ************************************** SNOHOMISH COUNTY PROSECUTOR UNDERGOES TRANSPLANT Snohomish County Prosecutor James Krider underwent a liver transplant on Thursday, July 13, at the University of Washington Medical Center, in Seattle. The surgery was very successful and Krider should be returning home soon to recuperate. Krider has been on the liver transplant waiting list since 1995 after a combination of E. coli and internal bleeding nearly took his life. At the time, he was only four months into his first term as prosecutor. He recovered, but the damage to his liver was permanent. He now has an excellent prognosis. Get well wishes can be sent to Jim in care of his office at 3000 Rockefeller Ave., MS 504, Everett, 98201. ************************************** MEDICOLEGAL EXAM SET IN TACOMA The American Board of Medicolegal Death Investigators certification examination will be held in Tacoma, July 29, at the Pierce County Medical Examiner's Office, 3619 Pacific Avenue, at 8:30 a.m. Washoe County (Nevada) Coroner Vernon McCarty will proctor the test. Interested parties are asked to call the Board Headquarters in St. Louis, MI (attn: Julie) at (314) 268-5970, and also Ed Duke in Pierce County to confirm attendance. ************************************** MEMBERS CORNER ************************************** TRANSPORTATION COMMISSION'S STAKEHOLDER ADVISORY COUNCIL - NOTES FROM THE JULY 12, 2000 MEETING (Submitted by Mary Jo Cady, Mason County Commissioner) The stakeholders at these quarterly meetings represent: Counties, Cities, Ferry Users, Railroads, AAA, Good Roads, Transportation Alliance, MPOs/RTPOs, TIB, Tribes, Agriculture, Ports, Transits, and Multi-Modal interests. While we are advisory to the Transportation Commission, the conversations prove to be very informational for all of us and provide a better understanding among all of the parties of the other issues surrounding Transportation. INITIATIVE-745 received a lot of attention. OFM will be putting a full analysis on their web-site by the end of July. This has crucial implications for all Transportation funding, including the local option taxes that have already been approved for transits. The discussion was lively, since we have organizations concerned with preservation and maintenance and others concerned with ferries, transit, etc. sitting at the same table. Washington State does not allow the AG's office to analyze Initiatives prior to being on the ballot. Apparently other states not only allow the analysis but also hold open forums prior to the election for public discussion. This should be looked into here to keep us from having to spend public money defending something that wouldn't have made it on the ballot in the first place; i.e.I-695. The Washington Transportation Alliance is working on a Candidate Readiness Project with Chambers of Commerce. It's an effort to get candidates up to speed on the Transportation issues. They can be contacted at 1425 4th Ave., Suite 608; Seattle, WA 98101-2220; phone (206) 624-8296. The legislature authorized the formation of a committee to look into Ferry funding and other issues. Their First meeting will be on July 25, 2000. Ferry funding is only guaranteed until June 30, 2001. The Washington State Good Roads and Transportation Association will be having their 101st Annual Convention in Pasco on Sept. 22 & 23. They are a private sector organization and according to the member at the meeting, they will support the recommendations of the Blue Ribbon Commission. The have member organizations which financially supported I-745. There is no response officially on their position regarding the Initiative. The Washington Transportation Plan is in its final draft stages. The MPOs/RTPOs are concerned that the DOT is moving into Stage 3 of this process before the changes recommended for Stage 2 have been incorporated. Some of the concerns deal with delay methodology and it's application statewide. Other concerns are that funding will be based solely on what is in the plan; and, that the process is going too fast to address the issues regionally. All of the Stakeholders want the WTP to work. Gas prices were discussed. There was a consensus that the Federal Government needs to clarify to everyone how the prices are determined and regulated. Each state handles their own taxes on gas differently; so, it's hard to make comparisons between jurisdictions. One comment was that it seems to fluctuate with the 4-year presidential election cycle. The draft Transportation Budget prepared by the Transportation Commission is an "investment plan". It's 10 pages, looks at six years, covers all modes of transportation, is compatible with the draft WTP, follows the theme of the BRC, assumes the dams are not removed, provides for protection of the environment and fish passage, and is a very bare bones wish list. It doesn't address how to get the necessary money. This committee has been active for one year. We have been, until this meeting, staff driven with presentations and a lot of information being given to us. This was probably necessary to get us all up to speed on the scope of the Transportation Commission's duties and functions. From now on the discussions will be more from the perspectives of the Stakeholders, with information being provided to the Commission. On behalf of the members of WSAC I thanked the Commissioners for coming out to the regional RTPO/MPO meetings and for being present at our Summer Conference. I feel that the Counties are being heard and I'm pleased to represent WSAC at these meetings. ************************************** BOARDS & COMMISSIONS ************************************** COMMISSIONER NIELSEN TO REPRESENT COUNTIES ON FERRY TASK FORCE The WSAC executive committee has selected San Juan Commissioner Darcie Nielsen as the counties' representative on the Joint Ferry Task Force, created by the 2000 state supplemental transportation budget. (See letter attached to The Courthouse Journal.) The task force is charged with meeting during the interim and reporting back to the 2001 Legislature with recommendations for the future of the Washington State Ferry System. The task force is scheduled to first meet at 9 a.m., Tuesday, July 25, at the Puget Sound Regional Council offices on Western Avenue in downtown Seattle. Subsequent meetings are tentatively scheduled for August 22, September 26 and November 14. Participation at the full task force meetings will be limited to task force members; however, other interested parties are encouraged to participate at the subcommittee level. The subcommittees will address the following issues: 1)operations, including farebox recovery and level of service; 2) service delivery options, including passenger-only programs and possible privatization; and 3) capital needs. The task force is chaired by Senator Mary Margaret Haugen, chair of the Senate Transportation Committee, and Representatives Ruth Fisher and Maryann Mitchell, co-chairs of the House Transportation Committee. Other members include representatives from counties, cities, the ferry system, the state Senate, the state House of Representatives, the Governor's office, labor organizations, persons who use ferries, persons who do not use ferries, transit operators and shipyards. ************************************** NEWS FROM MRSC ************************************** NEW ITEMS ON MRSC'S WEB SITE Small Works Roster Manual, MRSC Web address: http://www.mrsc.org/pubworks/smworks.htm This Web document is the first draft of a manual that the legislature directed be prepared and distributed by CTED and the Municipal Research Council. It is intended to present basic steps needed to implement a small works roster program for all units of local government. In addition, it attempts to summarize purchasing and bidding statutes for local government in order to show the context of the small works roster process. Provisions for awarding public works contracts through the small works roster were changed by ESSB 6347 (Chapter 138, Laws of 2000) effective on June 8, 2000. A uniform small works roster process was established for all units of state government and for counties, cities, towns, community and technical colleges, county roads, fire protection districts, higher education, housing authorities, port districts, public hospital districts, public utility districts, school districts and water-sewer districts. Budget Suggestions for 2001, MRSC Web address: http://www.mrsc.org/BS2001.pdf Budget Suggestions is an annual publication which includes descriptions and interpretations of 2000 legislation that may affect your budget, revenue forecasts, CPI forecasts, and an implicit price deflator forecast, including a look ahead to 2002. Special features include articles on the new local option capital asset lending program for real property, budget practices and GASB Statement No. 34, the new ballot title statute, analysis of Initiative 722, and an update on Initiative 695. The publication will be available in print format in the beginning of August. Watershed Planning, MRSC Web address: http://www.mrsc.org/planning/watershed.htm With the passage of the Comprehensive Watershed Planning Act in 1998, a framework for developing local solutions to water issues on a watershed basis was established. MRSC's Watershed Planning Web page provides links to selected watershed information resources, sample interlocal agreements, and watershed planning documents. Housing, MRSC Web address: http://www.mrsc.org/planning/housing/housing.htm A wealth of online information on housing-related law, best practices and model programs, plan and ordinance examples, articles and publications is assembled on MRSC's Housing Web page. It includes links to housing-related statutes, administrative rules, and federal laws. Links are provided to some of the most useful housing resources MRSC could find on the Internet. There are pages on housing funding resources, housing data sources, housing glossaries, and selected state and federal housing resources, and a bibliography listing over 125 publications on housing topics available for loan from MRSC's library. Monthly Web Updates Available. If you would like to receive monthly updates to selected new information posted on MRSC Web site by E-mail, you may subscribe to the mrscweb mailing list (listserv). Simply send an e-mail to listadmin@mrsc.org. Include your first and last name and your e-mail address. ************************************** F.Y.I. ************************************** WACCCS HOLD ANNUAL ELECTION IN OCEAN SHORES The Washington Association of County Commission Clerks held their election at the WSAC conference. The results are as follows: President, Gerri Rainwater/Pierce; 1st VP, Anne Noris/King; 2nd VP, LaBonita Bowmar/Thurston; Secretary, Julie Kjorsvik/ Kittitas; Treasurer, Shelley Brown/Kittitas; East Side Trustee, Connie Vinti/Walla Walla; and West Side Trustee, Julie Matthes, Jefferson. Thanks to the outgoing officers who brought us into the new millennium: Thiry Jane Lembke/Columbia, Opal Robertson/Kitsap, and Elva Francis/King. The Clerks again made their mark at the Conference with the success of the Auction, due in large part to the spirited bidding among some of the Commissioners who attended. Our esteemed Auctioneer, Mike Murphy, kept the action level high, and helped us raise over $1,100 for our scholarship/speaker fund. Thanks Mike, and next year we'll have our location far away from the Engineers so they won't be upset by our noise! The prize for high bidding goes to the Kittitas County Commissioners Golladay and Huston on a Starbucks package for their Clerks. Lord knows they'll need the caffeine during their lengthy hearings on the proposed new development out their way. The prize for successful bidding on the "most unusual" auction item goes to Ken Raske, Chief Deputy State Auditor, who is the proud owner of a lovely candelabra with an unusual attachment provided by Mary Selecky, Secretary of the Department of Health! Plan to join us next year in Yakima, and sign up for the banquet and auction at the time you register. ************************************** HABITAT RESTORATION AND ENHANCEMENT UPDATE (Submitted by Jill Will, Jail Industries Board) The idea of using supervised inmate crews for endangered species habitat restoration is a good one. Selling this idea, however, may take public education and require some incentive on the part of project sponsors. The latest funding guidelines issued by the Salmon Recovery Funding Board for salmon grants may be just the opportunity to get more corrections crews involved. Corrections partnerships with agencies sponsoring salmon recovery grants mean jails can recover crew supervision costs and sponsors can get credit to meet their local match requirement. Please see the update attached to The Courthouse Journal for more information. ************************************** NACO NEWS ************************************** NACO RELEASES PUBLIC SAFETY REPORTS As the National Association of Counties (NACo) met for its annual conference this week in Mecklenburg County, North Carolina, it released three new public safety reports: The 2000 County Sheriffs Report examines the various roles played by county sheriffs as authorized by their states' constitutions. The authority given to sheriffs, the administration of courts and jails, and the management of law enforcement are some of the main subjects taken up in the report. The 2000 Emergency Management Report deals with disaster prevention and mitigation. Effective strategies for responding to natural, technological and man-made disasters are discussed. Specific topics include planning, preparation, emergencies, disasters, and domestic terrorism. Model county programs, references and resources are also included. The 2000 County Fire and Rescue Report discusses fire prevention and suppression, as well as emergency medical services. It also provides multiple tools for managing fire and rescue services, including model county programs, references and resources. These public safety reports are available through NACo. ************************************** MEETINGS & CONFERENCES ************************************** July 23-27 National District Attorneys' Association (NDAA) Annual Summer Conference, Spokane. ************************************** FOR SALE ************************************** FOR SALE (CORONERS AND MEDICAL EXAMINERS) The Grant County Coroner's office is offering for sale: body storage cooler, two compartment, $1,000. Please call Grant County Coroner Penny Sibley at (509) 765-7601, if interested. ************************************** COURTHOUSE RAMBLINGS ************************************** Our best wishes to Chelan County Coroner Gerald A. Rappe, M. D. who has announced that he will retire on August 31 after 10 « years in office. Dr. Rappe's term in office is best summarized by one of his constituents, "He has been a blessing to this community in providing guidance in forensic matters and opportunities for continuing education for many of our health care and law enforcement personnel. We all know him to be a kind and compassionate man with a wealth of knowledge that he willingly shares." There will be an informal party to celebrate Dr. Rappe's retirement at 2:00 p.m. on August 27th on the lawn outside the Central Washington Hospital Cafeteria. Please contact Sandra Ellis, Chief Deputy Coroner for Chelan County, for details at ************************************** JOBS ************************************** ASSISTANT ENGINEER - DOUGLAS COUNTY TRANSPORTATION AND LAND SERVICES has an opening for an Assistant Engineer based in the East Wenatchee office. Salary range is $4,576 - $5,011 per month, depending on qualifications, attractive benefits package. Requirements include but are not limited to a completed application and resume, a Washington State Professional Engineer License in Civil Engineering, and a valid Washington State drivers license. Applications and job descriptions available at Douglas County Transportation & Land Services, 470 Ninth N. E. East Wenatchee, WA 98802, (509) 884-7173, Monday - Friday 8:00 a.m. - 5:00 p.m. Application deadline is Friday, August 11th at 5:00 p.m. Douglas County does not discriminate on the basis of disability in the admission or access to, treatment or employment in its programs or activities. ADA accommodations available upon request. E.O.E. ****** ADMINISTRATOR OF REGIONAL SUPPORT NETWORK - managed care organization serving Adams, Grant and Okanogan counties. Supervise contracts for outpatient, inpatient and residential public mental health services. Office located in East Wenatchee. Clinical or administration Masters degree required. Five years of public mental health management experience required. Salary range $45,410 to $59,336 DOQ. Send r‚sum‚ and three references c/o Human Resources, P.O. Box 37, Ephrata, WA 98823. Open until filled. Equal Opportunity Employer. **** END ****