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Title 37
INITIATIVE/REFERENDUM/CHARTER AMENDMENTChapters:
37.01 Initiative
37.02 Mini-Initiative
37.04 Referendum by the People
37.06 Referendum by the Board of Clallam County Commissioners
37.10 Charter Amendment and Repeal
Chapter 37.01
INITIATIVESections:
37.01.010 Initiative – Petition and filing.
37.01.020 Auditor – Duties.
37.01.030 Prosecuting attorney – Duties.
37.01.040 Petition – Registration.
37.01.050 Ballot title – Appeal to Superior Court.
37.01.060 Appeal procedure.
37.01.070 Petitions for signature – Requirements.
37.01.080 Petitions for signature – Format.
37.01.090 Irregular petitions for signature.
37.01.100 Time limit for validation/signatures required.
37.01.110 Transmission to Commissioners.
37.01.120 Commissioners’ action.
37.01.130 Election.
37.01.140 Alternative proposed ordinances.
37.01.150 Amendment or repeal of enacted initiative limited.
37.01.160 Limitations on initiative.
37.01.170 Declaratory judgment action.
37.01.180 Initiative election – Crimes.
37.01.190 Severability.
SOURCE: ADOPTED:
Ord. No. 82, 1977 12/13/77
AMENDED SOURCE: ADOPTED:
Ord. No. 301, 1987 03/31/87
37.01.010 Initiative – Petition and filing.
The sponsor of an initiative may begin the initiative process by presenting a petition for registration, containing the full text of the proposed ordinance or amendment to an existing ordinance, and five (5) copies of the same, to the Clallam County Auditor, along with the name and post office address of the sponsor and a supporting affidavit that the sponsor is a legal voter, or organization of legal voters, in Clallam County, Washington.
37.01.020 Auditor – Duties.
(1) Upon presentation of a petition for registration, the Auditor shall have three (3) days, excepting Saturdays, Sundays and holidays, within which to determine whether the petition is in proper form. If the petition shall be in proper form, the Auditor shall so notify the sponsor by certified mail, at the address given by the sponsor in the petition. The notification shall include the ballot title, as prepared by the Prosecuting Attorney and the Auditor. If the petition shall not be in proper form, the Auditor shall return the petition to the sponsor, by certified mail, with a detailed explanation of the defect(s) in the petition as presented. If the petition is in proper form, the Auditor shall assign a serial number to the petition, which shall thereafter be a part of the ballot title.
(2) The Auditor shall maintain a record of all documents filed under any of the provisions of this chapter and shall also maintain a chronological index thereof. The Auditor shall issue receipts for all documents received.
37.01.030 Prosecuting attorney – Duties.
Upon presentation of petition for registration, the Auditor shall immediately transmit the proposed ordinance to the Prosecuting Attorney who shall, within three (3) days, excepting Saturdays, Sundays and holidays, formulate a statement, posed as a question, not to exceed seventy-five (75) words, which statement shall express and give a true and impartial declaration of the purpose of the measure. It shall not be intentionally an argument or likely to create prejudice either for or against the measure.
In addition to such statement, the Prosecuting Attorney shall also prepare a legislative title, not to exceed five (5) words in length, to permit the voters to readily identify the initiative. The legislative title and statement, together with the number assigned to the petition by the Auditor, shall constitute the ballot title.
The Prosecuting Attorney shall file the ballot title with the Auditor within the three (3) day period provided in this section.
37.01.040 Petition – Registration.
If the petition for registration is presented in proper form, the date of mailing of notice by the Auditor to the sponsor shall be the date of registration of the petition, provided, that if the ballot title is appealed to Superior Court, as provided under CCC 37.01.050 through 37.01.060, then the date of determination of the ballot title by the Superior Court shall be the date of registration.
37.01.050 Ballot title – Appeal to Superior Court.
If the sponsor is dissatisfied with the ballot title formulated by the Prosecuting Attorney, he may at any time within ten (10) days from the date of mailing notice to the sponsor, appeal to the Superior Court of Clallam County by notice of appeal setting forth the proposed ordinance or amendment, the ballot title, the objections thereto, and praying for amendment thereof.
37.01.060 Appeal procedure.
A copy of the notice of appeal shall be served upon the Auditor and Prosecuting Attorney. Within five (5) days, or at a time to which the hearing may be adjourned by consent of the appellant, the Superior Court shall hold a hearing upon due notice to the Prosecuting Attorney, and shall examine the proposed measure, the ballot title prepared by the Prosecuting Attorney, and the objections thereto, and may hear argument thereon.
The Court shall as soon as possible thereafter render its decision, and the prevailing party shall file with the Auditor a certified copy of the determination of the Court. The decision of the Superior Court shall be final, and the title so certified shall be the established ballot title.
Such appeal shall be heard without costs to either party.
37.01.070 Petitions for signature – Requirements.
Upon registration of the petition, the sponsor may prepare petitions for the gathering of signatures. Each petition shall be printed on single sheets of white paper of good quality eight and one-half (8-1/2) inches in width by fourteen (14) inches in length with a margin of one and three-fourths (1-3/4) inches at the top for binding, shall bear the language required under CCC 37.01.080, and shall have numbered lines for not more than twenty (20) signatures.
At the time of circulating, signing and filing with the Auditor, petitions for the gathering of signatures shall consist of no more than five (5) signature sheets packaged together, and each such package shall contain a full, true and correct copy of the proposed ordinance or amendment referred to therein, printed on sheets of paper of like size and quality as the petition, the petitions and the copy of the proposed ordinance or amendment being firmly fastened together.
37.01.080 Petitions for signature – Format.
The format of the petition for gathering of signatures shall be substantially as follows:
(Ballot Title)
TO: The Honorable ___________________, Clallam County Auditor,
We, the undersigned citizens and legal voters of Clallam County respectfully demand that the proposed ordinance, a copy of which is attached to this petition, be presented to the Board of Clallam County Commissioners for approval and adoption, and if rejected, be submitted to the legal voters of Clallam County for their approval or rejection at the next regular or special election; and, each says that he has personally signed this petition, that he is a legal voter of Clallam County, and that his residence address is correctly written after his name.
Warning: It is a crime in the State of Washington for anyone to sign an initiative petition with a name other than his own, or knowingly to sign his name more than once for the same measure, or knowingly to sign such petition when he is not a legal voter.
Petitioner’s Petitioner’s Name Residence Address. City
Signature (print) street and number, or
(if any) Town
1.
(continuous numbered lines through 20)
37.01.090 Irregular petitions for signature.
Should signatures be submitted on forms not complying with the requirements of CCC 37.01.070 to 37.01.080, the Auditor shall not consider them when determining whether sufficient signatures have been filed to validate the petition.
37.01.100 Time limit for validation/signatures required.
(1) From the date of registration, sponsors shall have ninety (90) days to file petitions with signatures with the Auditor, such petitions bearing the signatures of legal voters in the County equal in number to, but not less than, ten (10) percent of the number of voters who voted in the County at the last gubernatorial election.
(2) Petitions with signatures may be filed at any time during the ninety (90) day period provided by subsection (1) of this section; provided, that the Auditor shall not determine until the expiration of the ninety (90) day period whether sufficient signatures have been filed to validate the petition, unless the sponsor shall so request in writing, and waive his right to submit further petitions with signatures.
37.01.110 Transmission to Commissioners.
The Auditor shall verify the sufficiency of the signatures on the filed petitions and transmit the petitions together with a report thereon to the Board of County Commissioners at a regular meeting not more than twenty (20) days after the filing of signed petitions in accordance with the procedures of CCC 37.01.100. If the Auditor has determined that sufficient signatures have been filed to validate the petitions, such transmission shall constitute the introduction of the proposed ordinance by the Commissioners. The filed petitions shall remain on file with the Commissioners and shall be a public record.
37.01.120 Commissioners’ action.
(1) At the regular meeting of the Board at which the report of the Auditor is received upon a validated petition, the Board shall call for a public hearing on the proposed ordinance to be held not more than thirty (30) days thereafter.
(2) The Board shall adopt or reject the proposed ordinance on a roll call vote within thirty (30) days of the public hearing held pursuant to subsection (1) of this section. If the Board rejects the proposed ordinance, they shall, at the same meeting as the rejection occurs, set the date for the election on the proposed ordinance. Such election must be the next regular election or a special election called by the Board within a period of 240 days of the date of rejection of the ordinance by the Board pursuant to RCW 29.13.010, whichever shall occur first; provided, that at least 105 days shall have elapsed between the introduction of the proposed ordinance and the election.
37.01.130 Election.
If the majority of those voting on the proposed ordinance approve the ordinance, then it shall become effective ten (10) days after the result of the election is certified.
37.01.140 Alternative proposed ordinances.
(1) If the Board of County Commissioners rejects the proposed ordinance and adopts a substitute ordinance concerning the same subject matter, the substitute ordinance shall be placed on the same ballot, with the choice being given the voters of accepting either or rejecting both; then, voters being given the choice of accepting one and rejecting the other.
(2) If a majority of those voting on the first issue is for rejecting both, then neither ordinance shall be approved regardless of the vote on the second issue. If a majority of those voting on the first issue are in favor of enacting one of the ordinances, then whichever of the ordinances receives a greater affirmative vote shall become effective ten (10) days after the results of the election are certified, unless a later date is specified in the approved ordinance.
(3) No adopted ordinance shall be a substitute ordinance within the meaning of this section unless the Board shall so designate by placing the ordinance on a ballot for consideration at the same time as a proposed ordinance.
37.01.150 Amendment or repeal of enacted initiative limited.
No ordinance enacted as the result of an initiative shall be amended or repealed within two (2) years after enactment except as a result of a subsequent initiative or referendum.
37.01.160 Limitations on initiative.
(1) No initiative petition requiring the expenditure of additional funds for an existing activity or of any funds for a new activity or purpose shall be filed or submitted to a vote unless provisions are specifically made therein for new or additional sources of revenue which may thereby be required.
(2) No initiative petition shall be filed or submitted to a vote which provides for the compensation or working conditions of County employees, authorizes or repeals taxes, appropriates money, adopts the annual budget or capital program, redistricts the County Commissioner Districts, or passes an emergency ordinance.
37.01.170 Declaratory judgment action.
At any time not less than forty-five (45) days prior to any regular or special election in which a proposed ordinance is on the ballot, the Prosecuting Attorney or any legal voter of Clallam County may, pursuant to Chapter 7.24 RCW, seek a declaratory judgement as to whether the proposed ordinance is in contravention to the Clallam County Home Rule Charter, the laws and/or Constitution of the State of Washington, or the United States Constitution. Such action shall not stay the election.
37.01.180 Initiative election – Crimes.
An ordinance election under this chapter is hereby declared to be an election pursuant to the laws of the State of Washington, and all laws of the State of Washington pertaining to the conduct of that election and providing criminal penalties for violation of those laws apply to an election under this chapter.
37.01.190 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter; it being herein expressly declared that this chapter and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that any one or more other sections, subsections, paragraphs, sentences, clauses or phrases be declared invalid or unconstitutional.
Chapter 37.02
MINI-INITIATIVESections:
37.02.010 Mini-initiative authorized.
37.02.020 Mini-initiative procedure.
37.02.030 Commissioners’ action.
37.02.040 Effect of rejection by Commissioners.
37.02.050 Costs.
37.02.060 Severability.
SOURCE: ADOPTED:
Ord. No. 83, 1977 12/13/77
37.02.010 Mini-initiative authorized.
Any ordinance, or amendment to an existing ordinance, may be proposed to the County Commissioners by filing with the County Auditor petitions bearing the signatures of legal voters in the County equal in number to but not less than three (3) percent of the number of those who voted in the County at the last gubernatorial election.
37.02.020 Mini-initiative procedure.
The mini-initiative process shall follow the procedure for the submission by the people of an initiative, as more particularly set forth in CCC 37.01.020 through 37.01.090, 37.01.110 and 37.01.180.
37.02.030 Commissioners’ action.
The Commissioners shall hold a public hearing on the proposed ordinance or amendment within sixty (60) days of its introduction, and shall enact in whole or in part or reject the proposed ordinance or amendment within thirty (30) days after the public hearing.
37.02.040 Effect of rejection by Commissioners.
If the ordinance is rejected in whole or in part by the Commissioners, no ordinance or amendment with the same intent shall again be proposed to the Board by the procedure of this chapter within one year.
37.02.050 Costs.
Costs of publication and public notice shall be borne by the sponsor of the petition. The estimated cost shall be paid by the sponsor to the Auditor at the time of validation of the mini-initiative.
If the actual costs are less than the estimated payment, the difference shall be returned to the sponsor. If the actual costs are greater than the estimated payment, the sponsor shall forthwith pay to the Auditor the difference, upon written notification of that underpayment.
37.02.060 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter; it being herein expressly declared that this chapter and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that any one or more other sections, subsections, paragraphs, sentences, clauses or phrases be declared invalid or unconstitutional.
Chapter 37.04
REFERENDUM BY THE PEOPLESections:
37.04.010 Referendum – Petition and filing.
37.04.020 Petition – Time for filing.
37.04.030 Limitations on referendum.
37.04.040 Auditor – Duties.
37.04.050 Prosecuting Attorney – Duties.
37.04.060 Petition – Registration.
37.04.070 Effect of registration.
37.04.080 Ballot title – Appeal to Superior Court.
37.04.090 Appeal procedure.
37.04.100 Petitions for signature – Requirements.
37.04.110 Petitions for signature – Format.
37.04.120 Irregular petitions for signature.
37.04.130 Time limit for validation – Signatures required.
37.04.140 Transmission to Commissioners.
37.04.150 Commissioners’ action.
37.04.160 Declaratory judgment action.
37.04.170 Referendum election – Crimes.
37.04.180 Severability.
SOURCE: ADOPTED:
Ord. No. 84, 1977 12/13/77
AMENDED SOURCE: ADOPTED:
Ord. No. 302, 1987 03/31/87
37.04.010 Referendum – Petition and filing.
The sponsor of a referendum may begin the referendum process by presenting for registration a petition requesting the referral of an adopted ordinance to the people for acceptance or rejection, containing a full text of the adopted ordinance, and submitting five (5) copies of the same to the County Auditor, along with the name and post office address of the sponsor and a supporting affidavit that the sponsor is a legal voter, or organization of legal voters, in Clallam County, Washington.
37.04.020 Petition – Time for filing.
A referendum petition must be presented for registration within ten (10) days of the date of adoption by the Board of Commissioners of a regular ordinance.
37.04.030 Limitations on referendum.
(1) No referendum petition may be presented for registration or filed against an emergency ordinance as defined by Section 3.20 of the Clallam County Home Rule Charter.
(2) No referendum petition may be presented for registration or filed against an appropriation ordinance, or any other ordinance necessary for the support of County government and its existing public institutions.
(3) No referendum petition may be presented for registration or filed against ordinances providing for the compensation or working conditions of County employees, authorizing and repealing taxes, appropriating money, adopting the annual budget or capital program, redistricting the County Commissioner Districts or passing an emergency ordinance.
(4) No referendum petition may be presented for registration or filed against an adopted ordinance referred to the people by the Board pursuant to the provisions of Chapter 37.06 CCC.
37.04.040 Auditor – Duties.
(1) Upon presentation of a petition for registration, the Auditor shall have three (3) days, excepting Saturdays, Sundays and holidays, within which to determine whether the petition is in proper form. If the petition shall be in proper form, the Auditor shall so notify the sponsor by certified mail, at the address given by the sponsor in the petition.
The notification shall include the ballot title, as prepared by the Prosecuting Attorney and the Auditor. If the petition shall not be in proper form, the Auditor shall return the petition to the sponsor, by certified mail, with a detailed explanation of the defect(s) in the petition as presented. If the petition is in proper form, the Auditor shall assign a serial number to the petition, which shall thereafter be a part of the ballot title.
(2) The Auditor shall maintain a record of all documents filed under any of the provisions of this chapter and shall also maintain a chronological index thereof. The Auditor shall issue receipts for all documents received.
37.04.050 Prosecuting Attorney – Duties.
Upon presentation of a petition for registration, the Auditor shall immediately transmit the petition to the Prosecuting Attorney who shall, within three (3) days, excepting Saturdays, Sundays and holidays, formulate a statement, posed as a question, not to exceed seventy-five (75) words, which statement shall express and give a true and impartial declaration of the purpose of the measure. It shall not be intentionally an argument or likely to create prejudice either for or against the measure.
In addition to such statement, the Prosecuting Attorney shall also prepare a legislative title, not to exceed five (5) words in length, to permit the voters to readily identify the initiative. The legislative title and statement, together with the number assigned to the petition by the Auditor, shall constitute the ballot title.
The Prosecuting Attorney shall file the ballot title with the Auditor within the three (3) day period provided in this section.
37.04.060 Petition – Registration.
If the petition for registration is presented in proper form, the date of mailing of notice by the Auditor to the sponsor shall be the date of registration of the petition; provided, that if the ballot title is appealed to Superior Court, as provided under CCC 37.04.080 and 37.04.090, then the date of determination of the ballot title by the Superior Court shall be the date of registration.
37.04.070 Effect of registration.
Upon presentation of a petition for registration to the Auditor, the ordinance referred to in the petition shall be suspended and without force of law until the Auditor shall determine whether the petition is in proper form. If it shall be determined by the Auditor that the petition is in proper form, then the suspension of the ordinance shall continue during the period allowed under CCC 37.04.120 for obtaining the requisite number of signatures to place the referendum on the ballot.
37.04.080 Ballot title – Appeal to Superior Court.
If the sponsor is dissatisfied with the ballot title formulated by the Prosecuting Attorney, he may at any time within ten (10) days from the date of mailing notice to the sponsor, appeal to the Superior Court of Clallam County by notice of appeal setting forth the proposed referendum, the ballot title, the objections thereto, and praying for amendment thereof.
If the sponsor is dissatisfied with the ballot title formulated by the Prosecuting Attorney, he may at any time within ten (10) days from the date of mailing notice to the sponsor, appeal to the Superior Court of Clallam County by notice of appeal setting forth the proposed referendum, the ballot title, the objections thereto, and praying for amendment thereof.
37.04.090 Appeal procedure.
A copy of the notice of appeal shall be served upon the Auditor and Prosecuting Attorney. Within five (5) days, or at a time to which the hearing may be adjourned by consent of the appellant, the Superior Court shall hold a hearing upon due notice to the Prosecuting Attorney, and shall examine the proposed measure, the ballot title prepared by the Prosecuting Attorney, and the objections thereto, and may hear argument thereon.
The Court shall as soon as possible thereafter render its decision, and the prevailing party shall file with the Auditor a certified copy of the determination of the Court. The decision of the Superior Court shall be final, and the title so certified shall be the established ballot title.
Such appeal shall be heard without costs to either party.
37.04.100 Petitions for signature – Requirements.
Upon registration of the petition, the sponsor may prepare petitions for the gathering of signatures. Each petition shall be printed on single sheets of white paper of good quality eight and one-half (8-1/2) inches in width by fourteen (14) inches in length with a margin of one and three-fourths (1-3/4) inches at the top for binding, shall bear the language required under CCC 37.04.110, and shall have numbered lines for not more than twenty (20) signatures.
At the time of circulating, signing and filing with the Auditor, petitions for the gathering of signatures shall consist of no more than five (5) signature sheets packaged together, and each such package shall contain a full, true and correct copy of the adopted ordinance referred to therein, printed on sheets of paper of like size and quality as the petition, the petitions and the copy of the ordinance being firmly fastened together.
37.04.110 Petitions for signature – Format.
The format of the petition for gathering of signatures shall be substantially as follows:
(Ballot Title)
To: The Honorable _______________, Clallam County Auditor.
We, the undersigned citizens and legal voters of Clallam County respectfully demand that the adopted ordinance, a copy of which is attached to this petition, be presented to the voters of Clallam County for their adoption or rejection at the next regular or special election; and, each says that he has personally signed this petition, that he is a legal voter of Clallam County, and that his residence address is correctly written after his name.
Warning: It is a crime in the State of Washington for anyone to sign a referendum petition with a name other than his own, or knowingly to sign his name more than once for the same measure, or knowingly to sign such petition when he is not a legal voter.
Petitioner’s Petitioner’s Name Residence Address. City
Signature (print) street and number, or
(if any) Town
1.
(continuous numbered lines through 20)
37.04.120 Irregular petitions for signature.
Should signatures be submitted on forms not complying with the requirements of CCC 37.04.100 and 37.04.110, the Auditor shall not consider them when determining whether sufficient signatures have been filed to validate the petition.
37.04.130 Time limit for validation – Signatures required.
(1) From the date of registration, sponsors shall have sixty (60) days to file petitions with signatures with the Auditor, such petitions bearing the signatures of legal voters in the County equal in number to, but not less than ten (10) percent of the number of voters who voted in the County at the last gubernatorial election.
(2) If the Auditor shall determine that the requisite number of signatures are filed within the time period allowed, then the suspension of the ordinance, pursuant to CCC 37.04.070 shall continue until the results of the election shall be certified and the voters ratify and approve the ordinance.
(3) Petitions with signatures may be filed at any time during the sixty (60) day period provided by subsection (1) of this section; provided, that the Auditor shall not determine until the expiration of the sixty (60) day period whether sufficient signatures have been filed to validate the petition, unless the sponsor shall so request in writing, and waive his right to submit further petitions with signatures.
37.04.140 Transmission to Commissioners.
The Auditor shall verify the sufficiency of the signatures on the filed petitions and transmit the petitions together with a report thereon to the Board of County Commissioners at a regular meeting not more than twenty (20) days after the filing of the signed petitions in accordance with the procedures of CCC 37.04.120. The filed petitions shall remain on file with the Commissioners and shall be a public record.
37.04.150 Commissioners’ action.
If sufficient signatures are filed with the Auditor, the Commissioners shall place the ordinance referred to in the referendum petition before the voters of Clallam County at the next regular election, or a special election called by the Board within a period of 240 days of the date of validation of the petitions pursuant to RCW 29.13.010, whichever shall occur first; provided, that at least forty-five (45) days shall have elapsed between the report of the Auditor on the sufficiency of the signatures and the election.
If the majority of those voting on the referendum ratify and approve the ordinance, then it shall become effective ten (10) days after the results of the election are certified.
37.04.160 Declaratory judgment action.
At any time not less than forty-five (45) days prior to any regular or special election in which a referendum measure is on the ballot, the Prosecuting Attorney or any legal voter of Clallam County may, pursuant to Chapter 7.24 RCW, seek a declaratory judgment as to whether the referendum is in contravention to the Clallam County Home Rule Charter, the laws and/or Constitution of the State of Washington, or the United States Constitution. Such action shall not stay the election.
37.04.170 Referendum election – Crimes.
A referendum election under this chapter is hereby declared to be an election pursuant to the laws of the State of Washington, and all laws of the State of Washington pertaining to the conduct of that election and providing criminal penalties for violation of those laws apply to an election under this chapter.
37.04.180 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter; it being herein expressly declared that this chapter and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that any one or more other sections, subsections, paragraphs, sentences, clauses or phrases be declared invalid or unconstitutional.
Chapter 37.06
REFERENDUM BY THE BOARD OF CLALLAM COUNTY COMMISSIONERSSections:
37.06.010 Referendum by Board – Alternative ordinances.
37.06.020 Prosecuting Attorney – Preparation of ballot title.
37.06.030 Election results – Effect.
37.06.040 Time limit for referral.
37.06.050 Severability.
SOURCE: ADOPTED:
Ord. No. 85, 1977 12/13/77
37.06.010 Referendum by Board – Alternative ordinances.
The Board of County Commissioners may, by ordinance, refer any proposed or adopted ordinance to the voters for their approval or rejection at any regular or special election. The Board may, by ordinance, refer alternative proposed ordinances to the voters for their approval of one of them, or rejection of both, at the next regular or special election.
37.06.020 Prosecuting Attorney – Preparation of ballot title.
The Prosecuting Attorney shall prepare a ballot title for the referred ordinance, pursuant to the procedures set forth in CCC 37.04.050, which may be appealed by the Board pursuant to the provisions of CCC 37.04.080 and 37.04.090.
37.06.030 Election results – Effect.
If a proposed ordinance, or one of two (2) alternative ordinances is approved by a majority voting on the issue, it shall become effective ten (10) days after the results of the election are certified, unless a later date is specified in the ordinance. If both of two (2) proposed alternative ordinances are approved, then that proposed ordinance receiving the greatest number of affirmative votes shall become effective ten (10) days after the results of the election are certified.
If an adopted ordinance is not approved by a majority of the voters voting on the issue, it shall cease to be effective ten (10) days after the results of the election are certified, unless the ordinance referring the enacted ordinance to the voters shall specify a later date.
37.06.040 Time limit for referral.
No adopted or proposed ordinance shall be referred by the Commissioners to the people unless at least forty-five (45) days shall elapse between the date of the referral and the election upon the referred ordinance.
37.06.050 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter; it being herein expressly declared that this chapter and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that any one or more other sections, subsections, paragraphs, sentences, clauses or phrases be declared invalid or unconstitutional.
Chapter 37.10
CHARTER AMENDMENT AND REPEALSections:
37.10.010 Charter amendments, general.
37.10.020 Amendments by Charter Review Commission.
37.10.030 Amendments by the public.
37.10.040 Amendments by Board of Commissioners.
37.10.050 Charter repeal.
37.10.060 Declaratory judgment.
37.10.070 Severability.
SOURCE: ADOPTED:
Ord. No. 86, 1977 12/13/77
37.10.010 Charter amendments, general.
(1) Charter amendments may be proposed by the Charter Review Commission, the County Commissioners, or by the public, pursuant to the provisions of this chapter.
(2) If more than one amendment is submitted on the same ballot, each shall be submitted in such a manner that the people may vote for or against the amendments separately; provided, that an amendment which embraces a single or interrelated subject may be submitted as a single proposition even though it is composed of changes to one or more articles.
(3) If a proposed amendment is approved by a majority of the voters voting on the issue, it shall be effective ten (10) days after the results of the election are certified, unless a later date is specified in the petition or ordinance proposing the amendment.
(4) Any implementing ordinance required by any Charter amendment shall be enacted by the County Commissioners within 180 days after the amendment is effective, unless the amendment provides otherwise.
37.10.020 Amendments by Charter Review Commission.
(1) The Charter Review Commission, created under Article XI, Section 11.10 of the Clallam County Home Rule Charter may propose amendments to the Charter by filing the full text of the proposed amendment and five (5) copies of the same with the Clallam County Auditor.
(2) Following the filing as provided for in subsection (1) of this section, the proposed amendment shall be considered as a petition for registration, and the Charter Review Commission shall be considered the sponsor, for the purpose, and only for the purpose, of complying with the procedures of CCC 37.01.020 through 37.01.060.
(3) An amendment proposed by the Charter Review Commission shall be submitted to the voters at the next State-wide general election at least ninety (90) days after registration of the amendment.
37.10.030 Amendments by the public.
(1) The public may propose amendments to the Charter by filing an initiative petition on the proposed amendment in accordance with the procedures of CCC 37.01.020.
(2) Following the filing as provided for in subsection (1) of this section, the proposed amendment shall be considered as a petition for registration for the purpose, and only for the purpose of, complying with the procedures of CCC 37.01.020 through 37.01.060.
(3) Upon registration, the sponsors of an amendment shall have 120 days to file petitions with the Auditor, such petitions bearing the signatures of legal voters in the County equal in number to but not less than twenty (20) percent of the number of voters in the County who voted at the last gubernatorial election. The gathering of signatures shall comply with the requirements of CCC 37.01.070 through 37.01.090 and 37.01.180.
(4) The Auditor shall verify the sufficiency of the number of signatures on the filed petitions, and if sufficient signatures have been filed to validate the petitions, the Auditor shall submit the proposed amendment to the voters at the next State-wide general election occurring at least ninety (90) days after validation of the amendment.
37.10.040 Amendments by Board of Commissioners.
(1) The County Commissioners may propose amendments to the Clallam County Home Rule Charter by enacting an ordinance to submit a proposed amendment to the voters at the next State-wide general election occurring at least ninety (90) days after enactment of such ordinance. No such ordinance can be subject to the referendum process.
(2) The Prosecuting Attorney shall prepare a ballot title, pursuant to CCC 37.01.030, and the Auditor shall assign a number to the proposed amendment, pursuant to CCC 37.01.020. The Commissioners shall have the right to appeal the ballot title, pursuant to CCC 37.01.060 and 37.01.070.
37.10.050 Charter repeal.
The procedure for a petition to repeal the Charter shall be the same as the procedure for a Charter amendment, as set forth in CCC 37.10.030 except that the sponsor of a repeal shall have 180 days to file petitions with the Auditor, such petitions bearing the signatures of legal voters in the County equal in number to but not less than thirty-five (35) percent of the number of voters in the County who voted for the office of Governor in the last State-wide general election.
37.10.060 Declaratory judgment.
At any time not less than forty-five (45) days prior to any State-wide general or special election in which a proposed Charter amendment measure appears on the ballot, the Prosecuting Attorney or any legal voter of Clallam County may, pursuant to Chapter 7.24 RCW, seek a declaratory judgment as to whether the proposed Charter amendment is in contravention to the Clallam County Home Rule Charter, the laws and/or Constitution of the State of Washington, or the United States Constitution. Such action shall not stay the election.
37.10.070 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter; it being herein expressly declared that this chapter and each section, subsection, paragraph, sentence, clause and phrase hereof would have been adopted irrespective of the fact that any one or more other sections, subsections, paragraphs, sentences, clauses or phrases be declared invalid or unconstitutional.
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