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HomeMy WebLinkAbout081307CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE SPECIAL BUSINESS MEETING OF AUGUST 13, 2007 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the thirteenth day of August 2007, at 6:30 p.m. in the Port Townsend City Council Chambers of City Hall, Mayor Mark Welch presiding. ROLL CALL Council members present at roll call were Frank Benskin, Laurie Medlicott, Catharine Robinson, Michelle Sandoval, George Randels, and Mark Welch. Geoff Masci was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, and City Clerk Pam Kolacy. REVIEW CHANGE OF FORM OF GOVERNMENT PETITION ISSUES AND CONSIDER RECISSION, REPEAL AND/OR RECONSIDERATION OF RESOLUTION 07-026 (AUGUST 6, 2007) PROVIDING FOR AN ELECTION ON CHANGE OF FORM OF GOVERNMENT BASED ON AUDITOR'S ISSUANCE OF CERTIFICATE OF SUFFICIENCY Mayor Welch outlined the circumstances leading up to the special meeting, noting that he had concerns about the Auditor's certification process after reading a Leader article which stated that some signatures had been certified even though the information supplied on the petition did not match the information on file at the County for that individual. The article stated that there had been at least one instance of invalidation after certification and that there could be more invalidations, potentially rendering the petition short of signatures. The Mayor requested a review of procedures. Attorney Steve DiJulio was retained to act as special legal counsel to the City. The special counsel was retained to maintain an arm's length distance of the Administration from the issues. In addition, City Attorney John Watts was out of the office at the time this information was published. Mayor Welch also corrected the record by stating he was mistaken when he earlier had said that the election would cost the City $10,000. Mr. DiJulio reviewed the three main issues for Council's consideration: 1. No terminal date was set in writing by the Auditor as required by RCW 35A.01.040. After this terminal date is set and the count is started, no City Council Special Business Meeting Page 1 August 13, 2007 signatures may be added to the petition. While no termination date was set, the initial count which led to the Certificate of Insufficiency was the equivalent. After that count, no further signatures could be submitted and counted, which is what occurred here. Mr. DiJulio noted that MRSC concurred with him in this position. 2. Some petition signatures were counted where the signature on the petition varied from the Auditor's voter registration information. The Auditor reregistered the person to the address on the petition, and counted the signature. State law (RCW 29A.08.410) governs the ways in which a voter may change their registration information but signing a local petition is not among them. 3. Certain persons signed the petition multiple times, which is not allowed by RCW 35A.01.040(7). The law requires that the petition state that it is a misdemeanor to sign more than once and that all signatures be thrown out, not just the duplicates. He then outlined the Council's options: Disregard the petition and submit the ballot measure to the voters independently of the petition. Repeal the prior resolution and determine that the Auditor was without authority to certify the petition. Take no action on Resolution 07-026; forward to the Auditor and see whether it is considered valid (possibly leading to a legal challenge based on a potentially flawed process). 4. Rescind or repeal the Resolution and do not forward any request to the Auditor to place the measure on the November ballot based on the infirmities identified to date (leading potentially to a legal challenge by the petition proponents}. Mr. Watts noted that Deputy Prosecuting Attorney David Alvarez says his office is reviewing these issues and trying to obtain information from the Secretary of State. If signatures are invalid according to the issues above, the petition would have about 417 signatures rather than the required 455. Public comment: Joshua Bennun spoke in favor of Council/Mayor form of government and favored rescinding the resolution. City Council Special Business Meeting Page 2 August 13, 2007 Mr. DiJulio stated that he does not believe, that in this situation, the City will be free from exposure no matter what action is taken and added that it is unfortunate the City has been put in this situation. Motion: Ms. Sandoval moved to rescind Resolution 07-026, dated August 6, 2007. Mr. Randels seconded. After discussion, the motion carried unanimously, 6-Q by voice vote. ADJOURN There being no further business, the meeting was adjourned at 7:53 p.m. Attest: Pam Kolacy, CMC City Clerk City Council Special Business Meeting Page 3 August 13, 2007