Tuesday, April 14, 2015

Monday, April 13, 2015 -- Proceedings of The Seventh Meeting of the Charter Review Commission

The seventh meeting of the Whatcom County Charter Review Commission was held on Monday, April 13, 2015.

The meeting was called to order at approximately 6:30 pm by commission chairman, Ben Elenbaas.

After the flag salute and roll call, the floor was opened to public comments.

Keith Willnauer (assessor) and Debbie Adelstein (auditor) addressed questions about what impact proposed Amendment 8, "Shall the Charter be amended to provide voter education concerning county officials' election titles by requiring ballots to refer to the Assessor as the "Property Assessor" and the Auditor as the "Auditor and Elections Officer"?", would have on the operations and cost of government. They both seemed to think the cost would be minimal, but both wondered why it is really necessary.

There was a large crowd present for this meeting, due to the the local progressive community sending out an "all hands on deck" call for their supporters to show up to pack the house with those that wish to retain the “at large” voting system in the charter now, in opposition to proposed Amendment 1, "Shall the Charter be amended to provide for election of council members within the council district from which the candidate was nominated?". The house was especially packed, because the local libertarian and conservative community caught wind of this, and brought in their own reinforcements. It is hard to say how evenly packed, in fact, the house was.

Chairman Ben Elembaas invited the first speaker to be RE Sources organizer, Matt Petryni. Petryni asserted that a change to council representation by district was a move by the coal interests to further their agenda. There was a bit of a dust-up between the RE Sources people and Chairman Elenbaas when Mr. Elenbaas proceeded to read Petryni's entire "call to arms" email. The email essentially repeated Mr. Petryni's testimony, but some people seemed incensed to hear the same message from Mr. Elenbaas. This was called "uncivil" by some in later testimony. It was at least entertaining political theater.

The testimony went on for about an hour and a half. Many of the speakers seemed to be unaware that any decision by The Commission would simply go to the voters on the November ballot. If they were aware, then it exposed an unwillingness to put it to a vote of the people.

Some speakers were outraged that The Commission also had approved proposed Amendment 3, "Shall Charter Section 8.20 be amended to prohibit the County Council from proposing Charter amendments on matters that have been approved by a 2/3 majority of voters?", or proposed Amendment 10, "Shall Charter Section 8.23 be amended to prohibit the County Council from proposing any Charter amendment to Charter sections 2.12 or 2.13?" (these sections address changes in the nomination and voting of council members; many political scientists believe legislators should not be able to modify rules affecting their own positions). Again, many speakers seemed to believe The Commission has the last word, and will be passed into law. 

The Commission can only make recommendations to voters on the November ballot.

In the short time remaining after the last speaker was heard, and after the break, The Commission chewed through a bit of the now-smoldering agenda.

Proposed Amendment 8 was discussed, and failed on a 6~9 vote, with Donovan, Mutchler, May, Walker, Mackiewicz, and Ryan in favor.

Proposed Amendment 13, "Shall the Charter be amended to include four political parties, instead of two, in the districting process?", was discussed, but scheduled for the April 27, 2015 regular Commission meeting.

Proposed Amendment 12, "Shall the Charter be amended to include a new section to require compliance with the Washington State Open Public Meetings Act and impose a civil penalty on violations of the Act?" was approved to be scheduled for the April 27, 2015 regular Commission meeting for further discussion.

Commissioner Bell proposed that the Commission schedule a public hearing prior to the final vote on all proposed amendments. The commission preferred to continue to allow "open session" as the traditional, historic public input method. The rest of The Commission seemed to agree that hearings are usually reserved for final legislation and rule-making, rather than simply putting options on the November ballot. 

Finally, a new proposed Amendment 14 was introduced. "Shall the Charter be amended to lower the threshold requirement for ballot signatures for Whatcom County Charter changes from 20% to 15% for citizen initiatives?", and was scheduled for the April 27, 2015 regular Commission meeting for further discussion.

Here is the audio from the full meeting:



The meeting adjourned at approximately 9:50 p.m.

Friday, April 10, 2015

Make sure your vote counts!

The local progressive community has sent out an "all hands on deck" call for their supporters to show up at the April 13, 2015 Charter Review meeting.  They are doing this to pack the house with those that wish  to retain the unfair “at large” voting system in the charter now.

What is at stake?  

  • On February 23 the Charter Review Commission passed  Proposed Amendment 1 to return elections for the Whatcom County Council to a vote of the people in districts.  Each district would only vote for the representative in their district. The progressives that will attend on Monday do not want people to vote on this alternative.
  • Currently we have an "at-large" voting system where the entire county votes for each  representative, which essentially makes all of Whatcom County one big district. The progressives believe that "at large" voting will retain a council that only believes in their one sided view of things. They are right.
  • The progressives believe the "at large" system will retain a county with no diverse voices of the several communities in the Whatcom County only theirs. They are right.

FACT:  the City of Seattle voted to elect their representatives by district vote in 2013.  Read an analysis of that charter amendment here.

FACT: The election results for the Charter Review Commission itself reflect quite clearly that there is a great deal of unrepresented diversity in thought throughout Whatcom County.

Progressives want you to believe their view is the only view.  


  • They say that our elections are fair even though in the 2013 County Council race, Ken Mann, and Carl Weimer did not win the vote of the people in their district.
  • They will continue to send out mass emails full of lies and misrepresentations all designed to subvert  the will of the people in Whatcom County.
  • Don't let the progressives take your vote away!  Please show up on Monday April 13 and make sure  you voice is heard for diverse views on the County Council.

Charter Review Commission
6:30 pm, Monday, April 13, 2015
Civic Center Garden Room
322 N. Commercial

Wednesday, April 8, 2015

Seventh Charter Review Commission Meeting Scheduled for April 13, 2015, 6:30 PM (Monday)

The seventh meeting of the Charter Review Commission will be held on Monday, April 13, 2015, 6:30 PM in the Civic Center Garden Room, 322 N. Commercial Street, Bellingham, WA 98225.

Agenda

  1. Call to Order
  2. Roll Call
  3. Pledge of Allegiance
  4. Public Session
    Members of the public will have 3 minutes to address the Commission on any subject. Each speaker should state his or her name for the record. To submit handouts, please provide one for each commissioner and two for staff and the record.
  5. Approval of Minutes for March 23, 2015
  6. Old Business: Discussion and Possible Vote on Proposed Charter Amendments for Voters at the next General Election.

    The Commission will take a mid-meeting break if necessary.

    Proposed Amendment 8 from Jon Mutchler: Shall the Charter be amended to provide voter education concerning county officials’ election titles by requiring ballots to refer to the Assessor as the “Property Assessor” and the Auditor as the “Auditor and Elections Officer”?

    Proposed Amendment 13 from Eli Mackiewicz:
    Shall the Charter be amended to include four political parties, instead of two, in the districting process?

  7. Old Business: Proposed Charter Amendments for Voters at the next General Election
    The Commission voted to forward these proposed amendments to Whatcom County voters. They will not be discussed at tonight’s meeting. However, any commissioner may move to reconsider these amendments during any meeting.

    Proposed Amendment 1 from Joe Elenbaas: Shall the Charter be amended to provide for election of council members within the council district from which the candidate was nominated?

    Proposed Amendment 2 from Joe Elenbaas:
    Shall the Charter in Article 5.40 and Article 5.60 be amended to increase the "concise statement" limit from 20 words to 40 words?

    Proposed Amendment 3 from Ben Elenbaas:
    Shall Charter Section 8.20 be amended to prohibit the County Council from proposing Charter amendments on matters that have been approved by a 2/3 majority of voters?

    Proposed Amendment 5 from Todd Donovan:
    Shall the Charter be amended to facilitate voting on initiative and referendum?

    Proposed Amendment 6 from Ken Bell:
    Shall the Charter be amended to apply term limits to the County Councilmembers?

    Proposed Amendment 10 from Chet Dow:
    Shall Charter Section 8.23 be amended to prohibit the County Council from proposing any Charter amendment to Charter sections 2.12 or 2.13?

  8. New Business

    Pending Amendment 12 from Jon Mutchler:
    Shall the Charter be amended to include a new section to require compliance with the Washington State Open Public Meetings Act and impose a civil penalty on violations of the Act?

    Pending Amendment from Todd Donovan and Jon Mutchler:
    Shall the Charter be amended to lower the threshold requirement for ballot signatures for Whatcom County Charter changes from 20% to 15% for citizen initiatives?

  9. Adjourn
The next meeting is scheduled for 6:30 p.m. on Monday, April 27, 2015 at the Ferndale

Tuesday, March 24, 2015

Monday, March 23, 2015 -- The Sixth Meeting of the Charter Review Commission

The sixth meeting of the Whatcom County Charter Review Commission was held on Monday, February 23, 2015. This meeting was held at the Lynden City Hall Annex.

The meeting was called to order at approximately 6:35 pm by commission chairman, Ben Elenbaas.

After the flag salute and roll call, the floor was opened to public comments.

Lynden mayor Scott Korthuis welcomed the commission to Lynden. Four people were in line to speak to the commission on various topics. Representation by district received two pro and one in opposition. The diversity amendment (Amendment 4) received negative remarks. Suggestion to address the "scope creep" of the flood control zone district was presented. Concern for rural culture and rural residents' lack of representation and over-regulation was presented.

The commission discussed ways of having more free-flowing discussion before voting on an amendment. The solution was to have "committee of the whole" sessions, without changing the rules.

Proposed Amendment 4 from Commissioner Mutchler, Shall the Charter Preamble be amended to affirm the diversity of our citizens?, was discussed and rejected by the commission 5~9.

Proposed Amendment 8 from Commissioner Mutchler,  Shall the Charter be amended to provide voter education concerning county officials’ election titles by requiring ballots to refer to the Assessor as the "Property Assessor" and the Auditor as the "Auditor and Elections Officer"?, was discussed and postponed to obtain more information from the affected county personnel about how this would affect their ability to campaign.

Proposed Amendment 9 from Commissioner Donovan, Shall the Charter be amended to provide for the election of Councilmembers countywide and by districts from which the candidate was nominated?, was discussed. This amendment is an alternative, but similar, to Amendment 1, representation by district, except that this amendment proposes a different districting scheme. The intention is to provide a way to avoid cutting Bellingham up into three parts, and provide more cohesive cultural representation. Commissioner May presented some sample charts to help everyone visualize how districts could be organized, keeping towns and cities intact, while still retaining equal population per district. (Click images to embiggen.)
Illustration of how districts may be "gerrymandered" for partisan gain.

Our current three-district format.
What a five-district configuration might look like. 
A vote on Proposed Amendment 9 was postponed until more information could be gathered concerning how the redistricting would be implemented, and what the transition process would be for councilmembers' terms, before and after the redistricting.

Proposed Amendment 10, from Commissioner Dow, Shall Charter Section 8.23 be amended to prohibit the County Council from proposing any Charter amendment to Charter Sections 2.12 or 2.13?, which is intended to prevent the county council from changing the way they are elected. This is in response to the council overturning in 2007, of representation by district, approved by the voters in 2005, before a full county council election cycle had elapsed (two county council elections). The amendment was approved, 9~2 with three abstentions. 

Proposed Amendment 11, from Commissioner Langley, Shall the Charter be amended to require that the Councilmember At-Large reside in unincorporated Whatcom County and be elected by unincorporated county voters?, was withdrawn because it may not be legal (probably violates one person, one vote). 

There was some additional discussion regarding commission procedures, and commissioner Mackiewicz proposed an amendment to increase the number of parties involved in redistricting from two to four. The commission accepted the amendment for discussion at the next meeting. 

Here is the audio from the full meeting:



The meeting adjourned at approximately 9:15 p.m.

Wednesday, March 18, 2015

Sixth Charter Review Commission Meeting March 23, 2015, 6:30 PM (Monday)

The sixth meeting of the Charter Review Commission will be held on Monday, March 23, 2015  at 6:30 p.m. in the Lynden City Hall Annex, 205 - 4th Street, Lynden, Washington.

Agenda

  1. Call to Order
  2. Roll Call
  3. Pledge of Allegiance
  4. Public Session Members of the public will have 3 minutes to address the Commission on any subject. Each speaker should state his or her name for the record. To submit handouts, please provide one for each commissioner and two for staff and the record.
  5. Approval of Minutes for March 9, 2015
  6. Old Business: Discussion and Possible Vote on Proposed Charter Amendments for Voters at the next General ElectionThe Commission will take a mid-meeting break if necessary.
    Proposed Amendment 4
    from Jon Mutchler: Shall the Charter Preamble be amended to 
    affirm the diversity of our citizens?
    Proposed Amendment 8
    from Jon Mutchler: Shall the Charter be amended to provide 
    voter education concerning county officials’ election titles by requiring ballots to refer to the Assessor as the “Property Assessor” and the Auditor as the “Auditor and Elections Officer”?
    Proposed Amendment 9
    from Todd Donovan: Shall the Charter be amended to provide 
    for the election of Councilmembers countywide and by districts from which the candidate was nominated?
    Proposed Amendment 10
    from Chet Dow: Shall Charter Section 8.23 be amended to 
    prohibit the County Council from proposing any Charter amendment to Charter Sections 2.12 or 2.13?
    Proposed Amendment 11
    from Cliff Langley: Shall the Charter be amended to require 
    that the Councilmember At-Large reside in unincorporated Whatcom County and be elected by unincorporated county voters?
  7. Old Business: Commission-Approved Charter Amendments The Commission voted to forward these proposed amendments to Whatcom County voters. They are not scheduled for discussion at tonight’s meeting. However, any commissioner may move to reconsider these amendments during any meeting.
    Proposed Amendment 1
    from Joe Elenbaas: Shall the Charter be amended to provide for 
    election of council members within the council district from which the candidate was nominated?
    Proposed Amendment 2
    from Joe Elenbaas: Shall the Charter in Article 5.40 and Article 
    5.60 be amended to increase the "concise statement" limit from 20 words to 40 words?
    Proposed Amendment 3
    from Ben Elenbaas: Shall Charter Section 8.20 be amended to
    prohibit the County Council from proposing Charter amendments on matters that have been approved by a 2/3 majority of voters?
    Proposed Amendment 5
    from Todd Donovan: Shall the Charter be amended to facilitate 
    voting on initiative and referendum?
    Proposed Amendment 6
    from Ken Bell: Shall the Charter be amended to apply term 
    limits to the County Councilmembers?
  8. New BusinessPending Amendment from John Mutchler: Shall the Charter be amended to include a new section to require compliance with the Washington State Open Public Meetings Act and impose a civil penalty on violations of the Act?
  9. Adjourn

The next meeting is scheduled for Monday, April 13, 2015 at the Civic Center Garden Room, 322 N. Commercial Street, Bellingham, Washington

Tuesday, March 10, 2015

Monday, March 9, 2015 -- The Fifth Meeting of the Charter Review Commission

The fifth meeting of the Whatcom County Charter Review Commission was held on Monday, February 9, 2015.

The meeting was called to order at approximately 6:30 pm by commission chairman, Ben Elenbaas. 

After the flag salute and roll call, the floor was opened to public comments.

County prosecutor David S. McEachran attempted to address the question of what we do about situations where the county is not in compliance with the charter. McEachran and Commissioner Bell seemed to be talking at cross-purposes, and did not appear to resolve the issue. 

Sheriff Elfo and several other citizens spoke in opposition to Proposed Amendment 6: Shall the Charter be amended to apply term limits to the County Council members, Executive, Auditor, Treasurer, Assessor, and Sheriff?

Public comments included several about Proposed Amendment 7: Shall the County Charter prohibit grants and expenditures to non-profit organizations unless the County is reimbursed by another organization or jurisdiction?

A couple of citizens spoke in favor of Amendment 7, indicating that it needed work, but that we really need a way to ensure fair and transparent processes to apply for grants and funding, as well as accountability for how the funds are used and distributed by these non-government organizations after they are funded.

Several others spoke in favor of Proposed Amendment 1: Shall the Charter be amended to provide for election of council members within the council district from which the candidate was nominated?

In addition to favoring Amendment 1, at least two speakers suggested that some means be provided to prevent the Whatcom County Council from reverting representation by district this time (addressed by proposed amendments 3 and 10).

Proposed Amendment 3: Shall Charter Section 8.20 be amended to prohibit the County Council from proposing Charter amendments on matters that have been approved by a 2/3 majority of voters? and Proposed Amendment 10: Shall Charter Section 8.23 be amended to prohibit the County Council from proposing any Charter amendment to Charter Sections 2.12 or 2.13? were discussed.

The commission discussed Proposed Amendment 4: Shall the Charter Preamble be amended to affirm the diversity of our citizens? but did not move that one forward.

Proposed Amendment 2: Shall the Charter in Article 5.40 and Article 5.60 be amended to increase the "concise statement" limit from 20 words to 40 words? was wordsmithed a bit to make it consistent with state law, and passed.

Proposed Amendment 7: Shall the County Charter prohibit grants and expenditures to non-profit organizations unless the County is reimbursed by another organization or jurisdiction? was discussed, and voted down. This may be brought back up again in a different form, to better address the original problem of fairness, transparency and accountability.

Proposed Amendment 6, about term limits was modified to affect only the county council, and not the Executive, Auditor, Treasurer, Assessor, and Sheriff. The term limit was increased to three terms, and passed.

Here is the audio from the full meeting:

 

The meeting adjourned at approximately 9:30 p.m.

Friday, March 6, 2015

Fifth Charter Review Commission Meeting March 9, 2015, 6:30 PM (Monday)

The fifth meeting of the Charter Review Commission will be held on Monday, March 9, 2015  at 6:30 p.m. in the Civic Center Garden Room, 322 N. Commercial Street, Bellingham, Washington.

The public session is your chance to weigh in on how Whatcom County government will affect your life and livelihood for the next ten years.

Agenda (Amended)
  1. Call to Order
  2. Roll Call
  3. Pledge of Allegiance
  4. Public Session
    Members of the public will have 3 minutes to address the Commission on any subject. Each speaker should state his or her name for the record. To submit handouts, please provide one for each commissioner and two for staff and the record.
    Presentation from Whatcom County Prosecuting Attorney Dave McEachran
  5. Approval of Minutes for February 23, 2015
  6. Old Business: Discussion and Possible Vote on Proposed Charter Amendments for Voters at the next General Election (The Commission will take a mid-meeting break if necessary.)
    Proposed Amendment 2 from Joe Elenbaas: Shall the Charter in Article 5.40 and Article 5.60 be amended to increase the "concise statement" limit from 20 words to 40 words?
    Proposed Amendment 3 from Ben Elenbaas: Shall Charter Section 8.20 be amended to prohibit the County Council from proposing Charter amendments on matters that have been approved by a 2/3 majority of voters?
    Proposed Amendment 4 from Jon Mutchler: Shall the Charter Preamble be amended to affirm the diversity of our citizens?
    Proposed Amendment 6 from Ken Bell: Shall the Charter be amended to apply term limits to the County Councilmembers, Executive, Auditor, Treasurer, Assessor, and Sheriff?
    Proposed Amendment 7 from Yvonne Goldsmith: Shall the County Charter prohibit grants and expenditures to non-profit organizations unless the County is reimbursed by another organization or jurisdiction?
    Proposed Amendment 8 from Jon Mutchler: Shall the Charter be amended to provide voter education concerning county officials’ election titles by requiring ballots to refer to the Assessor as the “Property Assessor” and the Auditor as the “Auditor and Elections Officer”?
    Proposed Amendment 9 from Todd Donovan: Shall the Charter be amended to provide for the election of Councilmembers countywide and by districts from which the candidate was nominated?
    Proposed Amendment 10 from Chet Dow: Shall Charter Section 8.23 be amended to prohibit the County Council from proposing any Charter amendment to Charter Sections 2.12 or 2.13?
    Proposed Amendment 11 from Cliff Langley: Shall the Charter be amended to require that the Councilmember At-Large reside in unincorporated Whatcom County and be elected by unincorporated county voters?
  7. Old Business: Commission-Approved Charter Amendments
    The Commission voted to forward these proposed amendments to Whatcom County voters. They are not scheduled for discussion at tonight’s meeting. However, any commissioner may move to reconsider these amendments during any meeting.
    Proposed Amendment 1 from Joe Elenbaas: Shall the Charter be amended to provide for election of council members within the council district from which the candidate was nominated?
    Proposed Amendment 5 from Todd Donovan: Shall the Charter be amended to facilitate voting on initiative and referendum?
  8. New Business
    Motion to begin Charter Review Commission meetings with prayer – Withdrawn from the agenda
  9. Adjourn

The next meeting is scheduled for 6:30 p.m. on Monday, March 23, 2015 at the Lynden City Hall
Annex, 205 - 4th Street, Lynden