RES 2008-29 CHANGE OF FORM OF GOVERNMENTRESOLUTION NO. 2008-29
RESOLUTION of the City Council of Bainbridge Island, Washington,
requesting that the Washington State Legislature enact Emergency
Legislation during the 2009 State Legislature Session that would amend
RCW 35A.06.0 50 to restore to Washington nonch rter code cities the right
to choose their preferred election date for a change in form of government
ballot, that includes special elections,
WHEREAS, on September 15, 208; citizens of the City of Bainbridge Island
submitted to the City Council a petition to change the form of government from a mayor—
council plan of government to a council- manager plan ofgovernment; ars
WHEREAS,, the City Council has learned that, under RCW 35A,06,050, the only
date that a vote on this petition can be held is in the general election in November 2009,
when the City's mayoral position will also be on the ballot; and
WHEREAS, the City Council has determined that a vote on both at the sarne
time is unfair to voters, unfair to mayoral candidates, unfair to taxpayers, and unfair to
the community at large; and
WHEREAS, the City Council has learned that: for over 35 years prior to 2004,
through the prior version of RCW 35A.06k5, the Washington State Legislature
intended to and did allow Washington noneharter code cities wide discretion in choosing
their preferred election date for a charge of government ballot, including special
— - elections; and
WHEREAS, in 200 4, in an effort to reduce election costs arising out of
circumstance involving the City of ocean Shores, Grays Harbor County, the Washington
State Legislature amended BCW 35A,06,050 to allow a change in form of government
ballot to occur only at the next general election in accordance with RCW 29A.0.330
(HB2438, 5 6 93 ; and
WHEREAS,, under RCW 29 .o .330 1 > all municipal general elections are
confined only to odd numbered years; and
WHEREAS, eery other odd year, the mayoral election would be on the same
ballot with a vote to change the form of government, which can result in two outcomes
for one election, ruling it unfair to mayoral candidates and their supporters, and
confusing to voters, and in effect, leaving the municipality vulnerable to costly legal
challenge; and
WHEREAS, since the municipality is restricted from choosing its most preferred
election date for a change in foam of government ent vote, the current version of RCW
35A.06-050 may additionally disallow opportunities for cooperative ballot expense
sharing b t ve n other government entities to reduce costs and other good planning
efforts; and
WHEREAS, the City of Bainbridge Island wishes to respond to a certified citizen
petition to place the change in form of government proposal on the ballot in a timely
manner without confusion, conflict, and/or potential legal challenge in the event of two
winning outcomes on one ballet; _ and
WHEREAS, this circumstance exists due to an unintentional consequence of the
2004 amendment of RCW 35A.06.050, and this circumstance exists as well for any other
Washington no charter code city that wishes to respond to such a citizen petition; now,
therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRID(I"rEISLAND DOES
RESOLVE AS FOLLOWS:
Section 1. To formally -request the Washington State Legislature immediately
r
rectify the unintended circumstances of the 2004 amendment to IC's' 35A.06.050
deeribed in the above recitals by enacting, no later than March 10, 2009, an Emergency
Legislative Bill to amend RCS' 3A.6.0to again allow Washington nocarter code
pities to choose their most preferred election date for a change in form of goemmet
ballot, including special elections.
Section 2. To recognize that having a change in form of government vote on the
sane ballot as a mayoral election may result in two outcomes for one election, and
unnecessarily exposes the municipality to the risk of costly and time-consuming
litigation, and that such votes should not be scheduled in the same election.
Section 3. To require that an election date be established within a set period after
receiving a notice of sufficiency on the petition that is consistent with the applicable law
and insures the will of the people is met in a timely manner.
PASSED by the City Council this 24'h day of November 2008.
APPROVED by the Mayor this 28"' day of November 2008.
By:
Darlene Kordonowy, &OM
A` T S T AU'r ENTI C TE:
y:"llo
Rosalind D. La soff, C �
City Clerk
FILED WITH THE CITY CLERK: November 20, 2008
PASSED BY THE CITY COUNCIL: November 24, 2008
I�ESOLUTION NO. 2008-29