The Courthouse Journal A Joint Publication of the Washington State Association of Counties & Washington Association of County Officials October 27, 2000 Number 27 INITIATIVE 695 VIOLATES STATE CONSTITUTION,SUPREME COURT RULES The Washington State Supreme Court on Thursday, October 26, issued its opinion in Amalgamated Transit Union Local 587 et al v.The State of Washington, the case challenging the constitutionality of Initiative 695. The court ruled 8-1 that the initiative violates the state Constitution. The ruling thus invalidates the 1999 voter-approved ballot issue that abolished the motor vehicle excise tax (MVET) and required a public vote for all tax and fee increases. The court's ruling, however, does not reinstate the controversial excise tax because the Legislature last spring enacted a law mirroring the portion of I-695 that removed the value-based MVET and established state license tab fees at a flat $30. Mukilteo activist Tim Eyman, who proposed I-695, told reporters Thursday that he would be back next year with another ballot issue to require a public vote on any state or local taxes and fees. And then there's Initiative 722, the "Son of 695," one of two Eyman-backed measures on the upcoming Nov. 7 ballot. I-722 seeks to repeal tax and fee increases imposed by local governments last year prior to the implementation of I-695. The measure also would limit future property tax increases. Today's ruling has no direct impact on I-722. But, because many of the issues raised by I-695 and the earlier Referendum 47 have been clearly decided by the court, observers have some clue as to how the courts will rule on some of the issues raised by I-722. In brief, the court majority found I-695 unconstitutional for four reasons: (1) It contained two topics - a specific tax cut and a general voter- approval requirement - in violation of article II section 19 of the state Constitution, which limits an initiative to a single subject. This rule is intended to prevent legislators and voters from having to vote for a law they do not support in order to obtain a law they want. (2) The initiative title did not clearly indicate that I-695 applied to fees as well as taxes, violating a second provision of article II, section 19 that requires the full subject be identified in the title. (3) The measure set up a general voter-approval requirement for taxes and fees thus establishing a referendum process inconsistent with the referendum procedure required by article II, section 1(b) of the Constitution. (4) The initiative amended statutes without setting them forth at full length, as required by article II, section 37 of the Constitution. Justice Barbara Madsen authored the majority opinion. Justice Gerry Alexander wrote a short concurrence. And Justice Richard Sanders, generally regarded as the most populist member of the court, authored the lone dissenting opinion. The full text of the opinion and all opinions are available on the Internet at www.courts.wa.gov/opinions/notice.cfm. Madsen's opinion acknowledged the people's right to set policy through initiative or referendum. But if carried to its logical conclusion, she wrote, nearly all areas of legislation could be removed from the Legislature's authority. "Such a result would be inconsistent with the representative form of government in this state," she said. Justice Alexander's concurring opinion, while fully agreeing with the majority, suggests that the court should not have pursued further analysis once it determined that I-695 violated the single-subject rule. "The majority's buttressing of its opinion with holdings that I-695 violates additional provisions of the state Constitution could lead a reader . to conclude that the violation of the single-subject provision of the Constitution makes I-695 only slightly unconstitutional. That, of course, is not the case," he wrote. True to his populist reputation, Justice Sanders argued that the initiative was fully consistent with the state Constitution. "The people have expressed their will that their tax burden be limited.," he said "The constitution does not stand in their way and neither should this court." The following groups participated in the lawsuit challenging I-695: Amalgamated Transit Union Local 587, Vashon-Maury Island Community Council, City of Bainbridge Island, Tacoma Water, PUD No. 1 of Snohomish County, Port of Whitman County, Puget Sound Clean Air Agency. The League of Women Voters of Washington, Association of Washington Housing Authorities, Association of Public Hospital Districts, and Washington Coalition of Citizens with Disabilities submitted amicus briefs. Counties did not participate in the lawsuit. ************************************** `FREEDOM' COUNTY APPOINTS OFFICIALS A new county movement within Snohomish County that began before 1995, continues to claim they are a legal county by appointing a sheriff, coroner and auditor. At a gathering in Arlington this week three people were appointed as county officials by three other individuals who have claimed they are the county commissioners of the so-called `Freedom County'. Freedom County was one of four serious efforts by citizens to create new counties between April of 1995 and November of 1996. Petitions were circulated over a number of years prior to this time period by proponents of these new counties and then presented to the state for action by the Legislature. The Legislature directed the Secretary of State to determine the sufficiency of the petitions, however none of the petitions had at least 50% of the registered voters signatures. The Supreme Court had ruled in 1996 that at least 50% of the registered voters must sign the petitions in order to be valid. The Freedom County petitions were presented in 1995 and 1996. During the trip down to Olympia to present the petitions the citizens on the bus elected three county commissioners. These individuals have continued to claim they represent the people of Freedom County even though the Supreme Court rejected their claim in January of this year. Now they have taken the extraordinary step of appointing officials who have never been elected by citizens of a county that does not legally exist. In recent years the new county movement has seen unsuccessful petition efforts in eastern King County (Cedar), northwestern Whatcom County (Pioneer) and in southeastern Snohomish County and northeastern King County (Skykomish). In addition, other counties have seen efforts that have not resulted in petitions in Pierce County (Independence), Clark County (River) and the area where the counties of Thurston, Lewis and Grays Harbor have a common boundary. There was also an effort in western Clallam and Jefferson counties to create a county known as Olympic. The state constitution, in Article 11 section 3, sets out a general description of how the legislature shall create new counties. However, this article does not provide a process for the sufficiency of the formation petition. In addition, there are no general state laws governing the process of circulation and submitting petitions for the formation of a new county nor providing for the verification of signatures on the petitions. The legislature has considered bills on this subject in recent sessions, but no proposal has been approved by both houses. It is expected that Representative Kathy Lambert will again introduce such legislation in the 2001 session. Since statehood only five counties have been created: Ferry County in 1899; Chelan County also in 1899; Benton County in 1905; Grant County in 1909; and, Pend Oreille, in 1911. ************************************** WSAC LEGISLATIVE CONFERENCE ************************************** Don't miss the chance to register for the WSAC Fall Legislative Conference! The conference will take place November 15-17 at the Doubletree Hotel in Pasco. The registration form, draft agenda and hotel information are available on our website www.wacounties.org/wsac/legconf, or call WSAC staff member, Kim Zydek, if you need information or forms faxed to your office. ************************************** "BEGINNING A DIALOGUE" AT THE WSAC LEGISLATIVE CONFERENCE 2000 A highlight of the Legislative Conference program is a dialogue that will take place among governmental and private sector leaders exploring how we can all work together to affect long-term improvements for our communities. Barry Mitzman, host of "Serious Money" on KCTS-TV, will moderate this dialogue. WSAC, with assistance from Washington State University faculty and in conjunction with the moderator, is developing several scenarios to provide the basis for this discussion. Scenarios, under development, include the topics of child safety and delinquency, economic development, and rural/urban interface issues in Washington State. One scenario might focus on government process and the success of democracy by initiative in our state. Given the enormous impacts of initiatives on government, how can public and private interests reach a consensus on the needs of our communities and how they can be met? It is suggested that initiatives reduce the balancing role of elected local government officials. As an example, the success of several education initiatives will increase resources for public education, but this increase may well be to the possible detriment law and justice, transportation and salmon recovery needs. What is the role of government? What is our role as community leaders? This is intended to be the start of a new dialogue. If successful, this discussion will provide a better sense of today's needs of counties, other governments and the private sector and a pathway to continue the dialogue toward decision-making on a long-term basis for the benefit of our communities. ************************************** HAROLD MOSS ANNOUNCES HIS CANDIDACY FOR WSAC SECRETARY/TREASURER Pierce County Councilmember Harold Moss announced yesterday that he is a candidate for WSAC secretary/treasurer. In his announcement Moss said, "I am now committed to placing my name in nomination. I see a great opportunity to work toward strengthening the relationships between WSAC, WACO and AWC. Each of our associations has much to gain from a more cooperative legislative effort. I would like to work with the WSAC leadership to help accomplish this goal." Moss is running unopposed in November for his second term as a Councilmember in Pierce County. The WSAC bylaws require that the secretary/treasurer be elected in alternating years from the Western District. Next year will be open to members from the Eastern District. If any other member is interested in running for a WSAC office, they may have their announcement published in the Courthouse Journal. ************************************** 2003 WSAC SUMMER CONVENTION BID ************************************** Counties are urged to submit their bids now for the 2003 WSAC Summer Convention. The Summer Convention takes place in June, preferably one of the two weeks in mid-June that does not conflict with the Association of Washington Cities annual meeting. The Board of Directors will accept bids up until the Legislative Conference in Pasco, November 15, 2000, and will make a recommendation to the membership at the annual business meeting. Convention business is always a welcome economic benefit to local communities. Your local Visitor's Bureau or Chamber of Commerce can assist you in preparing a bid. Association staff members Paul Parker and Kim Zydek are available to answer questions. Room requirements for the Summer Convention will be a minimum of 225 guest rooms and 9 meeting rooms. The Annual Convention is held in June, opening on a Tuesday and ending mid-day Friday. The convention alternates between east and west according to the Association bylaws. In 2003, the convention will be held on the east side of the state. ************************************** BOARDS & COMMISSIONS ************************************** MANY VACANCIES ON BOARDS AND COMMISSIONS With many county commissioners leaving office at the end of this year, and with others taking on new interests, there will be many vacancies for county representation on State Boards and Commissions. Some are appointments made by WSAC; in other cases, WSAC recommends several names to the Governor who has the appointment authority. To the greatest extent possible, members will be appointed or recommended to fill these vacancies at the meeting of the WSAC Board of Directors on November 15. Contact Executive Director Bill Vogler or Assistant Executive Director Paul Parker with your interest in any of these positions. SENTENCING GUIDELINES COMMISSION The state Sentencing Guidelines Commission has an immediate vacancy for an elected county official other than a prosecutor or sheriff to replace King County Councilmember Greg Nickels. Councilmember Nickels has represented counties on the 23-member commission for the past three years. The Commission usually meets monthly in the SeaTac area. The cost of meeting attendance is covered. Strong county representation is particularly important at this time as the Commission continues its comprehensive review of state criminal sentencing policies, including how these policies impact local law and justice costs. WSAC will submit three names to the governor for final selection. FOREST PRACTICES BOARD The Forest Practices Board adopts the rules and policy governing the harvest of timber in Washington. The Board meets approximately monthly. Joel Rupley, Cowlitz County Commissioner, is currently the county representative on the Board. He is leaving office in November. This position is a gubernatorial appointment pursuant to RCW 76.090.030. Traditionally WSAC submits three names to the Governor for consideration. PUBLIC WORKS BOARD The state Public Works Board, which administers the public works trust fund for local projects, will have two vacancies for elected county representatives. WSAC is to nominate six names to the Governor. Commissioners Nora Mae Keifer of Whitman County and Charlotte Garrido of Kitsap County are leaving the Public Works Board at the end of the year. The board generally meets monthly and meeting costs are covered. AFW Bob Hart, Skagit County Commissioner, has represented the interests of counties in the AFW (Ag Fish Water) negotiations to develop standards for farm and irrigation practices that will satisfy Endangered Species Act provisions. One or more WSAC members are eligible for appointment by the Board as a county representative to AFW. E911 ADVISORY COMMITTEE Fran Bessermin, Stevens County Commissioner is leaving the E-911 Advisory Committee. WSAC is seeking an Eastern Washington commissioner for a recommendation by the Board for appointment by the Director of Community, Trade and Economic Development. See RCW 38.52.530. COUNTY ROAD ADMINISTRATION BOARD Harvey Wolden, Skagit County Commissioner is leaving the CRAB Board as its President. He will be leaving the Board as of December 31st. The WSAC Board seeks individuals who are elected officials from a county with a population between 12,000 and 125,000 for appointment by the WSAC Board. This unexpired term ends June 2001. STATE BUILDING CODE COUNCIL The State Building Code Council adopts and amends the State Building Code. It meets about once a month. Judy Wilson, Thurston County Commissioner, represents Western Washington counties on the Board. The Governor seeks three commissioners or councilmembers from Western Washington for this appointment. TRAFFIC SAFETY COMMISSION Yakima County Commissioner Bettie Ingham is leaving the Traffic Safety Commission. The Commission meets at least quarterly and travel expenses are paid. WSAC is looking for three candidates to forward to the Governor for his appointment. See Chapter 43.59 RCW. AFFORDABLE HOUSING ADVISORY BOARD The Association is interested in county commissioners from the westside to serve on the Affordable Housing Advisory Board. This Board serves as the Department of Community Development's principal advisory board on housing and housing related issued. The interested names will be forwarded to the Governor for his appointment. See RCW 43.185B.020. ************************************** LAW & JUSTICE ************************************** STATE 911 COMMITTEE SUPPORTS PLAN FOR OPERATIONAL ASSISTANCETO COUNTIES The state E-911 Advisory Committee reconfirmed October 19 its endorsement of a plan to seek ongoing operational funding assistance from the state Legislature. The plan would include salary assistance, which under current law will cease June 30, 2001. The plan, developed by a subcommittee of the E-911 Advisory Committee, would ensure a minimum level of state financial assistance for all eligible counties. This money could be used for network support (e.g. the county's phone bill for 911), equipment maintenance and replacement, and salary assistance for one E-911 call-taking position. To be eligible, a county must impose the full 50-cent tax per telephone line authorized by state law, and from this tax generate insufficient revenue to cover minimum E-911 service. The plan also would provide state assistance for database costs for all counties. The total dollar amounts are not finalized. The WSAC Legislative Steering Committee at its October 11 meeting also voted to support the Advisory Committee's operational assistance plan. WSAC representatives who serve on the E-911 Advisory Committee are Commissioner Fran Bessermin of Stevens County and Commissioner Jon Kaino of Pacific County. ************************************** HEALTH & HUMAN SERVICES ************************************** WSALPHO PRESENTS AWARDS FOR EXCELLENCE IN PUBLIC HEALTH Earlier this month at the Washington State Public Health Association's annual Awards Banquet, WSALPHO presented its annual Awards for Excellence in Public Health. This year WSALPHO recognized two outstanding efforts designed to improve the health of communities. The Island County Community Health Advisory Board (CHAB) is a dynamic and active working board that advocates for health in conjunction with the community and the Island County Board of Health. Since its inception in 1992 CHAB has worked diligently to meet it's purpose: to assess the needs of community services, review policy development and program implementation and to assist in assuring that needs identified were met for the citizens of Island County. Recent accomplishments include: 1) Adding 8 student members to it's membership; 2) Holding a Youth Summit, which resulted in 10 community imperatives resulting in positive intergenerational activities for youth; 3) successfully advocating for expansion of the Island County Board of Health; 4) instigating a health leadership acknowledgement program called the "Community Health Hero of Island County", with the first recognition scheduled for December 2000; 5) securing funding from a number of community partners to conduct a 2000 Behavioral Risk Factor Surveillance Survey in Island County. CHAB's many past and current accomplishments in support of core public health functions make it a worthy recipient of the WSALPHO Award for Excellence in Public Health. The Snohomish Health District was the recipient of the second WSALPHO Award for their outstanding Partners in Child Care program. It is a program that uses a multi-disciplinary approach to provide a variety of coordinated services to all childcare centers and self-appointed childcare homes in Snohomish County. Included in the services are annual health and safety assessments, consultation and technical assistance, training plans and referrals to county resources. The Health and Safety Assessments are widely accepted and, in fact, sought in the county. A standardized assessment tool is used for each annual health and safety review and on-site training is provided free of charge. The program has brought together skilled practitioners and a community that has needed the critical attention. This program is an excellent example of the Public Health Improvement Plan at work. ************************************** GOOD THINGS ************************************** VETERAN FUND ADMINISTRATOR'S MEETING Contributed by Vern Spatz, Grays Harbor County Auditor The County Veteran's Coalition met October 17 & 18, in Coupeville. The Coalition consists of veteran assistance fund administrators from county commissioners' and county auditors' offices and its purpose is to seek ways to provide the best services possible for qualifying county veterans. Attendees came from as far away as Moses Lake and Yakima. Joel Estey, King County Veterans Program Coordinator moderated most of the discussions over the two-day meeting. John King, Washington State Department of Veteran Affairs, was the keynote speaker and also a major contributor during the meeting. Discussions included a coalition overview, determining indigence, resource sharing and veteran legislation. With over 642,000 veterans in Washington (55,000 having incomes of less than $15,000) health and aging issues will impact the county funds as usage increases. Special thanks to Don Mason, Island County, for providing an excellent facility (with a view of the bay!) and hosting the two day meeting. ************************************** MEETINGS & WORKSHOPS ************************************** WACO TRAINING OFFERED Two one-day sessions on "Avoiding Employment Liability" have been scheduled in Olympia and Wenatchee in late November. The seminar, presented by labor law attorney Kathy Peck, was first offered at the WACO Annual Conference and received extremely high marks from the 45 county officials and staff who attended. The day includes a full legal overview of what employers must legally do when taking personnel actions that minimize the possibility of lawsuits; what supporting documentation is necessary; and, how to appropriately handle problems in the workplace. There is no charge for the class which will be held in Olympia on November 29 and in Wenatchee on November 30. Attendees will be given credit for WACO's County Officials Certification and Training Course (COTCC) and the class has been approved for Continuing Legal Education Credits (CLE) from the Washington State Bar Association. Registration information will be mailed with the November 3 Courthouse Journal. The course is a collaborative effort of WACO and the Washington Counties Risk Pool. ************************************** COMING EVENTS ************************************** November 8 Conference 2000 Justice Information Network, sponsored by the Washington State Law and Justice Advisory Council and the Washington State Department of Information Systems, Bell Harbor International Conference Center, Seattle, www.wa.gov/dis/jin/jin2000. November 13-16 Washington Association of Sheriffs' and Police Chiefs' (WASPC) Annual Fall Conference, Cavanaugh's, Yakima. November 15-17 Washington State Association of Counties' (WSAC) Annual Legislative Conference, Doubletree Inn, Pasco. See www.wacounties.org/wsac/legconf for more information. November 28 Medicolegal Death Investigation Training, sponsored by the Forensic Investigations Council, the Washington Association of Coroners and Medical Examiners, and the Criminal Justice Training Commission, www.wa.gov/cjt/regional.html. ************************************** COUNTY CALENDAR ************************************** November 7 State General Election. RCW 29.13.010. November 11 Veteran's Day - Legal Holiday. RCW 1.16.050. (Because November 11 falls on a Saturday this year, Friday, November 10 will be the holiday.) November 15 City and other taxing district budgets shall be filed with the clerk of the county legislative authority. RCW 84.52.020. November 23 Thanksgiving Day - Legal Holiday. RCW 1.16.050. November 24 Day following Thanksgiving - Legal Holiday. RCW 1.16.050. November 30 The county legislative authority and the governing body of each taxing district within the county authorized to levy taxes directly, thall certify to the county assessor the amount of taxes upon property. If the levy amount is not certified to the county assessor by this date, the assessor shall use no more than the certified levy amount for the previous year for the taxing district. RCW 84.52.070. ************************************** COURTHOUSE RAMBLINGS ************************************** We are sad to hear that Washington State Auditor Brian Sonntag's mother, Jean Sonntag, passed away this week. Our sympathies go out to him and his brothers and their families. ***** It's A Boy! Kristin Murphy, Thurston County elections, and her husband, Jamie, celebrated the birth of their first child Monday, October 23. Baby Luke is a healthy 10 « pound, 22 inch boy. Congratulations, Kristin and Jamie. ************************************** JOBS ************************************** GRAYS HARBOR COUNTY - DEPUTY PROSECUTING ATTORNEY with an annual salary of $33,877.00 to $43,358.00, plus benefits, depending upon experience. Some trial experience is preferred, but not required. Applicants must be admitted to practice law in Washington State, and must hold a valid Washington State Driver's License, or have the ability to obtain such a license. Applicants are subject to a background check because of the sensitive nature of the position. The successful applicant must establish residency in Grays Harbor County within six months of accepting employment. Submit application, resume, including references and writing samples (if available) to: Grays Harbor County Prosecutor's Office, Post Office Box 550, Montesano, WA. 98563, (360) 249-3951, Fax: (360) 249-6064, or to the Grays Harbor County Prosecutor's Office, Temporary Location, 202 North First Street, Montesano, WA. 98563. Applications are to be received by 5:00 P.M. on November 14, 2000. Grays Harbor County is an Equal Opportunity Employer. ***** YAKIMA COUNTY HUMAN RESOURCES DEPARTMENT - JUVENILE COURT ADMINISTRATOR. This position is responsible for the overall administration and operation of Juvenile Court Services in Yakima County including the Juvenile Court, Juvenile Detention, Juvenile Probation and volunteer advocacy programs. Performs critical administrative work in planning, organizing, directing and supervising staff and activities to provide juvenile court, detention, custody and visitation, and domestic services for offender and non-offender juveniles. Education and /or Experience: Equivalent to a Bachelor's Degree in a related field and seven years progressively responsible experience including two years in a supervisory and managerial capacity in a juvenile court services environment. Annual starting salary is $63,965.00 to $83,460.00 (DOQ). Applications will be accepted until January 4, 2000. Apply at: Yakima County Human Resources Department, 128 N. 2nd Street, Room 412, Yakima, WA. 98901 (509) 574-2220. Internet: www.pan.co.yakima.wa.us E-Mail: human.resources@co.yakima.wa.us "An Equal Opportunity Employer" ***** OKANOGAN COUNTY OFFICE OF PLANNING & DEVELOPMENT - ASSOCIATE PLANNER. The successful candidate will be responsible for processing all land division applications in the County. Extensive knowledge of subdivision rules and procedures preferred. Must have experience working with zoning, subdivision, critical areas, floodplain, shorelines, GMA, and SEPA. Also perform other duties as assigned. Must have B.S. or B.A. in planning or related field, and a minimum of two-years progressively responsible experience. Knowledge of Microsoft Office and ArcView preferred. Salary $2548-2624/mo. DOE. Submit letter of interest and statement of qualifications to: Okanogan County Office of Planning and Development, Attn: Rusty Bonser, Director, P.O. Box 1009, Okanogan, Wa., 98840. Closes 5 p.m., November 6, 2000. EOE ***** SOLID WASTE DIVISION MANAGER - SAN JUAN COUNTY PUBLIC WORKS $3,713 - $4,698/month. Contact: (360)378-3870. www.co.san-juan.wa.us. Closing date: Open until filled. ***** ROAD MAINTENANCE DIVISION MANAGER - SAN JUAN COUNTY PUBLIC WORKS. $3,713 - $4,698/month. Contact: (360) 378-3870. www.co.san-juan.wa.us. Closing date: Open until filled ***** CIVIL ENGINEER III - SAN JUAN COUNTY PUBLIC WORKS. $3,525 - $4,459/month. Contact: (360) 378-3870. www.co.san-juan.wa.us. Closing date: Open until filled **** END ****