Today at Board Time, Commissioner/Councilor David Madore submitted a document entitled Charter Implementation Process Agreement. This is intended to clarify or even put into code the process to implement the Charter. The problem I see is that this document was not reviewed by the Prosecuting Attorneys office, and contains a number of provisions that are either inconsistent with the Charter (for example, the Charter gives the authority of proposing code changes to the county prosecuting attorney in Section 10.8, not county council), and there are date references that are inconsistent with each other. Stephanie Rice in her APIL blog put out a call for suggestions as to what else the county council could do. My suggestion is below and is attached as a pdf. Basically, I see this not as a code writing exercise, but an action plan for 2015. There are a number of current sections in County Code that do need revision or updating. However, the danger in codifying anything is that 40 percent of the county council wont be in office until January 1, 2016. Additionally, my proposed action plan contains milestones, but defers a lot of the hard-core ordinances and code revision proposals until after the 2015 elections and definitely defers final action until the full five-member council is seated. I think its only fair to candidates, and to us voters, to not have debates over charter implementation code provisions become campaign platforms. Anyway, what do you think? Is this worthy of Stephanies call to action? Clark County Home Rule Charter Implementation Action Plan January 2015 Purpose The voters of Clark County approved a new charter form of county government in the November 2014 general election. The transition from the Constitutional form to the Charter form of county government takes effect on January 1, 2015. A number of existing Clark County Code provisions, including those in Clark County Code Title 2, Administration and Personnel, are obsolete or require modification to be consistent with provisions in the Home Rule Charter. It is the determination of the county council that an orderly transition “action” plan is needed to implement the provisions of the Clark County Home Rule charter, including the interim period between the January 1, 2015 effective date and the date that all five (5) members of the county council will be elected and sworn into office. The action plan will also develop a set of ordinances, rules, and other provisions that will be considered by the full five-member county council. This work “Action” plan is an agreement between the county council, Acting County Manager, and the county Prosecuting Attorney’s office. Applicable Provisions of Law The provisions contained in the Clark County Home Rule Charter, especially Chapter 10 “Transitional Provisions”, shall apply. Priorities in this Action Plan are provided to Section 10.3, Continuation of ordinances and vested rights, and Section 10.8, Code Provisions. In no instance will any ordinance or other amendment to Clark County Code to implement the Charter be adopted which are inconsistent with Section 10.8 unless the Clark County Prosecuting Attorney has deemed it necessary to the functions of Clark County’s Executive and Legislative Branches in 2015. All items developed and discussed under this Action Plan shall be carried out consistent with the Washington Open Public Meetings Act when doing so with the county council. Work Plan and Milestones The following are major task action items. In a number of cases, the county council will be requested to take legislative action in order to implement items. On or before January 31, 2015: • The Acting County Manager shall develop and submit for review and comment by the county council an organizational structure of administrative departments not specifically assigned by the charter or ordinance (Charter Section 3.2B (6)). • The Prosecuting Attorney’s office shall submit a list of ordinances which are necessary for the county’s Executive and Legislative Branches to function during 2015. Such ordinance shall include the renaming of the Legislative Branch consistent with the Charter, and shall also include continuing ordinances and vested rights (Charter Section 10.3). The “working name” for the council until enacted by the county council by resolution shall be “Board of County Councilors”. • The County Prosecuting Attorney’s office shall provide to the county council an interim ordinance and administrative code to enable the peoples’ rights to initiative and referendum during the 2015 transition year. On or before March 31, 2015: • The Acting County Manager, in coordination with the County Prosecuting Attorney, shall review and present to the county council for review and comment the list of boards, commissions, and other committees contained in Clark County Code Title 2, Administration and Personnel, to identify those which are obsolete, revisions needed for consistency with the Acting County Manager’s administrative organization, or other items necessary to implement Section 3.3B Appointments by County Manager. On or before August 31, 2015: • The County Prosecuting Attorney’s office shall provide a draft list of ordinances and other changes to Clark County Code that are necessary to make code consistent with this chapter (Section 10.8 of the Charter). • The county council will provide review and comment but will not act on any code or ordinance revisions until the full five-member council is elected and sworn into office. On or before December 31, 2015 but after the 2015 election has been certified: • The County Prosecuting Attorney’s office shall provide a final ordinance and proposed resolution containing changes to Clark County Code that are necessary to make code consistent with this chapter (Section 10.8 of the Charter). • The County Prosecuting Attorney’s office shall provide to the county council a final ordinance and administrative code to enable the peoples’ rights to initiative and referendum to be considered by the full county council when they are sworn into office.
Posted on: Wed, 24 Dec 2014 02:20:37 +0000
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