Charter Review Commission - Regular Meeting
The Charter Review Commission discussed several proposals, including expanding the county council, financial transparency, and moving to even-year elections. The commission voted against expanding the county council and against a proposal regarding office vacancies. They also tabled discussions on financial transparency and a budget stabilization fund for further review and public input.
About this meeting
- Government Body
- Charter Review Commission
- Meeting Type
- Charter Review Commission
- Location
- Snohomish County, WA
- Meeting Date
- May 6, 2026
Transcript
919 sections (from 1,051 segments)
Alright, Peter. Let's go ahead and kick this keep going here with Okay. The roll call.
Jennifer's here. Chatters? Here. O'Donnell? Here. Cass? Here. Decker? Here. Here. Here. Here. Dodd? Here. Mencky? Here. K Mink? Here. McGee? Here. Eslick? Here. James? Here. Gaily? Here. K. Everyone's here.
Okay. Great. Roll call. We got everybody here. And with that, before we do approval of the agenda, Peter, can you give us the constraints of the evening? Do we need to be out by a certain time, all that sort of thing?
09:00.
09:00? Yep. Let's pray we don't go that long. Okay. Can get an approval of the agenda, please?
I'd I'd like to to, add something to the agenda if I could.
Okay. So if we could do
long enough.
If we get a motion to approve it, and then we'll do an amendment, with any additions.
So moved. Second.
You have a motion to approve the agenda and a second discussion. Any amendments?
Yeah. I'd like to add, public hearings, to it. Ideally, before we get into the proposals because in our rules and procedures, we have we're supposed to have three public hearings, and we don't have any on our calendar.
On the agenda?
We do have pre public hearings like that.
No. There's meetings on the website.
Will the public hearings be at thirteen twenty and twenty seven? Is that the idea, Peter?
As of right now, we've noticed those as public hearings. Yes.
Okay. Posted on Is county website. Yeah.
What's the difference between a public hearing and a meeting?
Ben? That's a Ben question.
Okay.
Well Is what?
I mean by
Oh. Discuss it.
Hello? Yeah.
So the public meeting, just just like this, we take public comment, do regular business. The public hearing, there's a specific portion where we take comment on specific issues for the specific record. So here, when someone makes public comment, that's great. You know, we hear from them or you as commissioners hear from them their ideas. The public hearing is a very specific record about those specific things for the public hearing.
In this case, it's likely the public hearing was noticed something about amendments to the charter or something along those lines or discussion of the charter. So that is a very particular record. And when decisions are made, typically, the public hearing is the record that is used for those decisions. In this case, it's it's not set up necessarily that way, but it does have a very particular record for that.
Robin, does that satisfy your thoughts?
I mean, it answers the question of what's the difference, but we're not having public hearings. And so if we're not going to have public hearings, then we should decide that we're not going to have public hearings, and we should change our procedures.
Well, the public hearings will come up on the thirteenth, twentieth, and the twenty seventh for the topics that are moving forward towards the ballot as I understand it.
Could could we get a description of the difference between how a meeting is noticed when it's a meeting versus a public hearing? Are there different notice requirements?
Typically, yes. For this commission, there are not. So for this commission, the notice for a public hearing doesn't have the same standards that it would, for instance, for city council public hearing. If we're going to do land development or make some decisions like that, it's typically somewhere like seven days or twenty one days depending on what the the issue is. With the Charter Commission, there are no set there's no set guide for what those specific time periods are that it needs to be noticed.
So Peter has decided and and we decided that it would be a good thing to get it earlier rather than later. So we notice those now so that that folks know that there is a public hearing, the thirteenth, twentieth, and twenty seventh. And those discussions will be about the the items that are moving forward for from this commission. So
it's it's as simple as basically on the thirteenth and the twentieth and the twenty seventh meetings, noting in the noting in the agenda that they're gonna be public hearings held at the meetings, and then we put that notice out there if it's need if we need Yes. So we just add it to the agenda and make sure
it's That's great. That's great. Thank you.
Amanda, go ahead.
Thank you. So I'm readjusting because you said it's different from city council meetings, and that's the bulk of my experience. So, you know, as the city
of Bothell, we have a
paper of record. It goes out on our social media to our mailing list. What is our notification process for this commission? I don't think we have social media set up or anything.
I can take that. A press release went out to all of the major news publications, and I know a few of them ran with the story. The Herald, unfortunately, did not. But I sent it to my Edmunds News and they've got a bunch of little entities throughout that I know they ran it there as well.
Okay. Thank you.
Yeah. Any other discussion? So with that, this the the only thing I have on the floor is the approval for the agenda. All those in favor? Aye. And any opposed? Okay. We have an agenda and let's go to public comment. Is there anybody, online who wishes to provide public comment?
If you'd like to provide public comment, please raise your virtual hand. I see Abby Ludwig. Abby, you should be able to unmute and speak.
Can you hear me?
Yes.
Oh, great. Okay. Hi. I'm Abi Lubig. I'm cofounder of Standing for Washington who sponsored Everett Initiative for
Hold on sec. Here. Here. Is she gonna go get some external speakers? Why don't we why don't we hold on public comment? Because we wanna hear Mhmm. And we can't hear her.
One second, Abby. We're gonna get some speakers.
Okay.
Abby, can you say something again?
Hello. Hello. Hello. Hello. Yeah.
See if the remote mic will broadcast you better better.
Hello? Hello? Whoop. We got an echo. Sorry.
Yeah.
Okay. So here we wanna make sure we hear the public comment.
She's on
the phone with IT right now.
So Okay.
Can Jennifer talk? Jennifer,
can you talk, please?
Yes. I will gladly. Oh. Now more echo maybe.
Is there an echo?
No. I was Oh. There was just
We're in business.
Okay. Sound. I think it was you saying, oh.
I was very excited. Thank you, Elena. Okay. Abby, you're up.
Okay. Can you guys hear me?
Yes. Oh, perfect.
Okay. Great. Thanks for working through those issues to make sure you guys could hear me. Okay. So I'm Abi Ludwig. I'm cofounder of Standing for Washington who sponsored Everett Initiative twenty four zero three, which we Everett passed in November 2024 to protect the Snohomish River watershed. So I'm here as a voice for the 25,000 Everett citizens who wanted to make sure that their government prioritizes that protection. Okay. So at the last commission meeting on April 22, commissioner Toyer asked for the full list of proposals that came before this commission to me made. He wanted to view that, and the commission coordinator said that there was a spreadsheet on your SharePoint drive.
So we know that that list exists. Quickly, commissioner Chatters followed up, and that's at minute thirty in the in the recording. It's not in the meeting minutes. And had a very strong request that that list be made to the public. A comprehensive list of all proposals that came before this commission that were considered, including who voted, what it was about, and especially as you guys are having public hearings coming up, I I think that's even more important. So now has that been done? No. It hasn't. That comprehensive list available is not available to the public. And why not?
So that was a request made by an elected commissioner of this Charter Review Commission to its commission staff. Is that staff person not serving this commission and each commissioner on the commission? If the staff does not do what is requested by a commissioner, how are they held accountable? I'd also like to get on record that I requested that information on March 25 as we were nearing the deadline to submit public proposals, and it would have been very helpful to know what else had been submitted and what else the public was asking for. I also made the request on April 2.
I made the request on April 8, and I've made it several times in public testimony. So the commission staff is not responding to public requests, to information that he admit exists, nor the commissioner's requests to make that existing information available to the public. Because why? He's choosing not to. Does he have the authority to do that?
Lastly, I'd like to remind everyone listening that the hiring of this commission coordinator was questions with an ethics complaint by One Voice Snohomish because they had concerns about his employment with a political consulting firm in Everett, Washington, which has ties to developer interests. And it sure seems we can say now that those concerns have been validated. The staff hired by this commission needs to be held accountable to the public as well to its commissioners. And I'm asking who's gonna do that? Who has the authority to hold him accountable and to make that list, that one request that was made to make that list available? Thank you.
K. Do we have anybody else, Peter?
Yes.
Catherine Catherine Lewandowski, you should be able to unmute.
Can you hear me now?
Yes.
Okay. Great. Thanks. Oh, yeah. Catherine Lewandowski. I am a semi retired registered nurse here in Arlington, Washington. And I just wanted to make some comments on proposal four and eight, both. One, yes, I do feel like the citizens of Snohomish County need more representation and that the county council should be increased to seven members. So I don't really feel we're getting the adequate represent representation that we really deserve right now. And, also, on proposal eight, that's another proposal that I think is very important, specifically for me.
You know, I I'm sure you guys are all aware that I'm a registered nurse, and I'm concerned about health care. And I have patients that I have taken care of and have been concerned about. And it's been really frustrating, to see how we don't really have adequate representation when when some of our elected officials are holding two offices. The other thing, I think, too, is that when you've got them holding two offices, and that isn't being like the the it seems like it's being encouraged rather than discouraged rather than trying to find more, like, younger represent representatives to handle these different positions. Because the more diversity you have, the more people that you have, the more experiences you have.
And because just one person, whether, you know, many people think that, you know, I was I've been around the world. I'm I know everything, and we don't. We don't know everything on how it affects other people who are living in different situations in Snohomish County. So I think it's really important that we try to do whatever we can to minimize because it doesn't seem like it seems like this is an intentional thing, and and I feel like it shouldn't be. We should be intentionally trying to have more diverse representation and trying to spread those those positions of of being able to put input into how we live and work and, you know, in in our county, in our state.
It needs to be spread through more people, not less. Thank you very much.
Thank you, Catherine. Anybody else, Peter?
Let me
If you would like to speak, please raise your virtual hand. I don't see anyone else.
Okay. And do we have anybody in the audience?
Yes. I don't.
Okay. Alright. So with that, we'll move forward with the agenda. Can I get approval of the April, please?
I'll make that motion. Second.
I have a motion and a second to approve those minutes. All those in favor?
Aye.
And any opposed? All right. All right. Let's move forward then on our agenda and we'll take up first, sorry. I guess I'm getting the wrong piece of paper. Proposal number four, proposal related to expanding the county council to seven members. Peter, a couple of things refresh. So at the at section one, these ones need a seven?
These one so I'll kinda give a lay of the land here. So we've got two sections of our agenda tonight. We have the first section labeled proposals reviewed by legal counsel. Ben will review all of these ones with you guys. They're proposals four, eight, fourteen, twenty one, 22, 23, and 24. So that's a first pass for for legal. If you are all comfortable with the language on these, then we could vote to send them to the ballot tonight.
That
That takes eight. The second section is proposals ready for final language and final vote. These are the ones Ben reviewed with us last week. He has sent an additional memo with proposals for final language on this. So if we're comfortable with that language, these ones are also ready for an eight vote tonight. It's just up to what how you guys wanna do it. So as far as proposal four goes, I have nothing additional to add to it. So I'll I'll let Ben speak to his portion
of this. Peter, I wanna clarify. Section one proposals would need a seven Eight.
Vote? Eight. Everything now needs 8.
Okay. Need needs 8 to get to final language and final vote.
No. So the the three at the end, last week Ben had mentioned that there were some issues with the language and he would like to propose better language, which has been done in the memo that he that he sent to you guys and is linked.
Okay.
Okay? Yes, Ben.
Proposal four. Ben, you have the floor.
Yes. And and to go to just really quickly the last three proposals in section two, five, nine, and thirteen, that those went through the comprehensive legal review rather than just the preliminary. So there are other issues that have been brought forward. So that's what we're going to discuss on those rather than the exact language because there are some significant possibly significant issues in in those three proposals.
Okay.
So And and on I guess on that, with the ones the first section of the agenda tonight, I think you could recommend too if they're ready to go with language that you're comfortable with or if you want more work on it. Correct?
Yes.
Yes. Because because these have this for topic of topics of discussion six a and then, one through seven, those have this is all a preliminary legal review. So this is simply me going through to see what we have, what what has been proposed, and will that actually be something without spending a lot of time and resources going into all the the legalities of things. I think there's one that I did only because it matched up with one in the second section where I was able to to kinda complete that deep dive review together. But the other ones, it's it's a it's a preliminary legal review.
The second section has been a comprehensive legal review where those issues that I'll bring forward tonight have come up, and that's what I'll bring forward. So in most of these first seven proposals here, there's there's still a lot to be said or at least some to be said in how that language would go on in the charter. Some of them much more simple than others because they will be it'll be very minor changes if we if you decide to move them forward. Others, there may be some significant changes in order to move them forward, at least from from a legal standpoint. But that decision is always up to you.
Okay? Of information. I didn't see a preliminary legal review for proposal four. Was there one that I missed?
Yeah. I didn't see the other, Ben. Mhmm. You started with eight.
Well, I I can
It's redlined, however.
What's
that? It is redlined. The actual number four is redlined. That might have been the preliminary legal review. It's just a matter of changing numbers, which is really all that
is Yeah.
I agree. Involved in that particular one.
Did Yeah. And I I think that's why because there's in order to move that further well, I can get into that right now since we're on number four. I can just kind of go through that that piece. Yeah. Let's go through
number four here.
Okay. So that is the proposal to expand the county council members to seven, which has been done in other jurisdictions. So in the legal sense, there aren't issues with that. The issue would be the way that it is written out and the year that those would start. Because when someone is elected, that is a quasi contract, between the citizens and that person that has been elected.
So for the commission to say, starting in 2027, all of these are going to be, you know, either three years, four years, and then we'll start. That is breaking that contract. It's breaching that contract, which then means there is legal liability that the county can take on either by the candidate or by citizens. So the way that that would work is if this were to move forward, those dates would have to be shifted. So those that ran in 2025 for a four year term, When their term ends is when the the next batch would start.
And same thing with those
Say that again?
Aren't you
talking about even year elections?
Yes.
You're not talking about seven council members.
I'm sorry.
It sounded much more complicated than I expected. Thanks.
Yes. So the the expanding the council members to seven, it's basically the the same the same scenario, if you will, that the seven member council one one of the things that that this body would have to decide is how that's going to take place. Right? If you're going to vote for it to be districts or if you're going to vote for it to be at large, The legal issues, it is there are really no legal issues in moving from five to seven members as long as the representation qualifies, which similar to what two other I believe it was King County has done that recently and Whatcom started and then changed. But so the process of actually completing and moving from five to seven council members, that that is something that is absolutely up to your purview.
The language of that that we have currently, as long as it reaches, which which when I went over this, it went through most, if not all of the sections in the charter where we'd need to change that language from five members to seven. The other the other consideration that is noted is the minimum of four alternative affirmative votes for an emergency ordinance, that would be something that that this body would have to decide. If not, then it's left up to the county council to decide how that piece is going to go. So whether they're gonna require a super majority, if they're gonna go for six out of seven, five out of seven, whatever, that's up to the to purview of the commission.
Amanda.
Thank you. Just reading the proposed language, it looks like Commissioner Gregerson submitted it with districts. It says nominated and elected from districts. So do we need more than that to to firm it up?
No, not necessarily because what will happen, I mean, if if that's the way that this body wants to move that forward as it has thus far, those seven districts, then it will not be up to this body to determine what those districts are.
Of course not.
So at that point, then it's it's done by other county officials that would that would take that piece on.
So would we have to put something in the proposal that that it gets voted on that calls for a like, I I can't remember off the top of my head, thankfully, I guess, when we would up be up for district redrawing. But would it happen at, like, the next time that would happen? We have to say, like, and now it will happen now? Or how do we
Yeah. So so that piece, again, would have to work with county officials because of elections. So it wouldn't be able to start for a period of time just because of the election cycle. Generally, it takes at least one election cycle for changes of this magnitude to start, which from from the commission, once that process is complete, which, in this case, amending the charter, then it goes to the county, and they basically take the reins on that process. When when we bring this if this were to move forward and it's brought to the public before that moves on for the ballot, that's where I have the communication with the county to say this is what, we've proposed to move forward.
What does that look like for the county in terms of redrawn districts, adding the districts, you know, all of that to make sure that we have the requisite number of representatives and representatives in each district and how that's done. The proposal may require at that point that the county then look to see, you know, in the map where the urban districts, what are the more rural districts, you know, and kind of dicing it up that way to make sure that those that are represented are are, for the most part and as much as they can, equally represented by each of the the soon to be at that point council members.
Okay. Thank you.
Other questions for Ben? Jennifer.
It's not really a question, but it's just other information, I guess, if it's helpful or appropriate. I was just gonna add that the county does redistricting after the census. So maybe if we advance it, we'd make an effective date of, like, post 2031, districting process. So this change could happen. I think it would be, like, in 2032. So it wouldn't be a new redistricting. It would allow for needed renovations and budgeting for that, and it could slot into the districting that they would do anyways that year. That's all.
Yeah. So would that make I I might have missed it. Would that make them at large until that point in time?
The proposal is districts. So that we'd have to amend it to make them at large. This is elected from districts
in text. Districts right now?
No. Because we haven't we'd have to wait for redistricting or somehow pass something that says a special process would happen. I like what commissioner Gershon said about waiting for the next regular one.
Any other any other questions for Ben? If there's no questions for Ben, can I get a motion on this proposal?
Sure.
So moved. Oh. I got a so moved. Do I have a second on the so moved?
I'll second and then I have an amendment.
Okay. Okay. So we have a motion to proceed with proposal four, and we have a second. And we're looking at an amendment, Jennifer?
Yeah. Can I clarify, just based on what, how Peter started things off? A motion an action tonight would be to advance it for drafting a like, what is when you say, like, can I have a motion, what's the motion? Is it to put it on the ballot? Is it to ask for more legal review?
The motion is to give it to Ben for formal drafting legal language for the ballot. Okay.
And that's different from my motion two weeks ago, which was to ask for a legal review.
Which is what he did.
And Just now. Not if I can. Well, yeah, if if I if I can, I would also say because this particular proposal has something that has already been done in numerous counties, The furthering legal review would I think I would I would say it's unnecessary to to do any more legal review due to the language that's contained in here matching up with the proposals from the two other counties that have done the same thing with no legal concerns, no successful legal challenges? So if we were to move forward, I would feel comfortable doing it that way.
Point point of information. I I know a lot of the public is going to our agendas, they are clicking on those links. And there was not a written legal review for this one. And I think that is necessary. I think it will be a glaring omission to have this one not have a written legal review. I'm wondering if we would consider tabling this until it could at minimum have a written legal review that's accessible to the public. Even though what you're saying obviously makes a lot of sense, that still is inconsistent in what the public will find when they go into our system and look at how each amendment has been treated.
Don? I
think too that if before it gets to the final review and stuff, I sort of agree with Demi that get it out there, but I'd like to see how Jennifer brought up the thing, the 2031 dates. And so if we add that, that that's this is being added to the charter now, but it will go in effect to these dates once this has happened.
Chanel?
I guess my question is procedural for all of the proposals tonight. If there isn't some kind of in between stage where we're not necessarily eliminating it from the ballot, But, I mean, now that we know that the next few meetings constitutes our public hearing, some of these I'd really like to hear the public's input on before I vote to, you know, avoid putting it on the ballot or to put it on the ballot. So I don't I want some in between middle So purgatory phase, I guess.
So at the at the next meetings, at the during those public hearings, you would have another option to push it forward to the ballot or kill it at that time depending upon what you heard from citizens. Does that answer your concern?
Well, I wasn't sure. Like, I feel like on this one, mean, maybe it'll be tabled, but then it or it seemed like we were about to vote if it's gonna go or not go. But I'd like to hear from the public.
Yeah. Amanda.
Yeah. So I I agree that just a legal memo, even if says this has happened before, would be good information. But the the public hearings are gonna be one component of our future meetings. So that they will we will okay. Typically, would I expect them. I'm gonna look at Peter because he'll be doing that They would be noticed as on these specific proposals. That is what we're having a public hearing for tonight. So if this one isn't ready by, the next meeting, it might be that it goes I can't remember the dates, but, like, this the second meeting after this one. So we can still get it to where it's ready for one of public the hearings. I can't imagine we're gonna do one big long public hearing for
all It'd
be a
public hearing on each proposal.
Yeah. So and the other thing is I kind of strongly feel that our public hearing should be on the final legally firm language that we're gonna put on the ballot. Like, we might get public comment from, like, a doctor or political scientist, like, no, don't do that. Right? And then we might make a change, but it should be pretty final by the time we do a public hearing.
The other thing I just want to call out is the draft in front of us has two instances of three question marks for the minimum votes for things that take four of the five current council members. And I think we should firm that proposed language up tonight so that we don't we're not moving forward with anything that's a three question marks. So I'm I was hoping we could discuss that as a commission. So this so, David, it's this proposal on page the second page and the third page. There's parts of the charter that talk about for emergency ordinances and amendments to the charter by the county council, it takes a four out of five majority. So I think we need to just figure out what's 80% of seven or how many you know, if we have a seven member council, how many votes is that?
Okay.
I was going to propose that we change both of those to both of those that currently say four to five if we're upping the number of council members to seven in this proposal in both of those instances.
So that's
what I was going to call out as well. So that would be my proposal.
And I don't have a a strong preference at this point. Five, six, whatever. I just we should figure it
out.
Okay. Patrick? Thank you. I believe the vote on this issue last time was that it'd be sent for legal review, and that past. The charter voted for it to go to meet the legal review. Procedurally, that aligns with what we told the public we were going to do. At the next step, it would go for public, for legal review. Nothing in the procedure said that that legal review required a memo or comment or something from, from legal. We only said it would go for legal review. Our legal review has said they have conducted legal review on this.
So we have completed what the charter decided, which was to send it for legal review, and we've completed what procedurally we said we would do, which was to send it for legal review. In this case, it's just not very much for legal to do, and I would hate to spend very expensive time of which we have a limited resource on further legal review here or a memo from legal that really isn't necessary. We fulfilled our obligations. We fulfilled what the charter voted. I think this is ready to clarify the question marks, whether it's four or five, and then ready for this commission to decide whether or not, we want legal to draft the final language on this, not go back and do some more legal wrangling
on it. Okay. So how about if we do this? Can I get an amendment to change the four to five?
So moved. Second.
K. I have an amendment, to the original motion to change four to five where the question marks are in the document. Is there any discussion on that amendment? Hearing none, all those in
favor? Aye.
Aye.
And any opposed? Okay. Is there any other substantive changes that we need to look at and propose? Okay. Hearing none. Go ahead.
Guess I'd like I'd like to make sure that the amendment happens. So I'd move to amend that, the effective date be after the next redistricting cycle. It's in 2031.
In 2031? So just for clarification, you'd set so are we saying that redistricting happens in '31 and, therefore, the '32 election begins the cycle?
Well, you know, maybe there could be legal review of it. But I would anticipate they'd redistrict in '31, and then it would impact the districts for the following elections, would be in, like, '33 and '35
Okay.
Unless we've moved to even years. Although, I think that died. I don't know. Hard to keep track.
Yeah. Maybe we Yeah. Maybe we can
leave it legally vague and just say after the next census. Okay. And then they can decide.
Yeah. And then we'll leave it up to legal to figure out the the synchronization.
Fine.
Okay. I haven't noted.
Okay. So that's an amendment. And did I have a second? And a second. Any Jennifer?
No. I was just was making sure. All good.
Yeah. Okay. Any discussion on that amendment?
Could could we clarify that a little bit and and say, effective the the county council elections following redistricting in 2031. Because regardless of if they're even year or odd year, it's very clear we're saying at the next one, not sometime after when they feel like hitting around to it.
Okay. I'm I'm good with that.
That makes my intent. That sounds great.
Yeah. Okay. Any other? All those in favor of that amendment, aye.
Aye. And
any opposed? Okay. Amendment passes. We're back to the original motion of, proposal four moving forward. Any discussion on the original motion? Let's go with, Dale.
So I voted for this first time. And, after looking at the current status of the Stoneridge County budget and the expenses that are involved with this addition of two members, I think I'll be likely changing my vote.
Good. Patrick? Just for clarification, the vote we're discussing is for this to go to legal for the legal for our legal team to create the legal draft. Correct? That's correct.
It needs eight votes. Sean?
Yeah. I just I'm continuing to be adamant that I'm not in support of this. I'm surprised to see it in support, and and that's cool. But, we gotta thank you, Dale. Budget crisis, the treasurer said $11,000,000 shortfall, and now we're gonna ask them to spend over $3,000,000 to accommodate two more, four more because you got they each have assistance.
And then we're gonna hold the county, let them absorb the cost of a million plus for an annual thing that will grow with time, all the while that we're restricted to a one percent increase. So 1% increase in the budget each year, it's quite a burden. And and I don't think that I I don't know I I don't think that more government is better government. King County has 13 council people, and and I'd say that we're doing a better job up here. And so
nine? They they did, and they moved it back to nine.
They had 13.
They went back
to nine. Okay. Well, maybe they'll go back to seven and then five, and things will really go well. But I'm just I just you know, as a small business owner whose property taxes are outrageous every year, and I'm I'm not saying I think Snohomish County actually operates fairly efficiently, and it's voices like this that have made that happen over the years. And so I'm gonna continue to be a voice for fiscal responsibility, and I think it's what the voters want.
I would hope that if this ends up on the ballot that the voters would say no. There's a pretty good chance that they will just because the nonstop news cycle about bigger government, bigger government, bigger government, and then one scandal after another about that money not being, used in a responsible manner. So there you go.
Thanks, Sean. Any other comments? Demi.
I have heard broad support about this in particular from countless community members. So I'm just really shocked that the commissioners at this table haven't heard that because I have heard broad support in the community. Many, many folks are in support of this. I think that it should none of the amendments should be treated differently as they are advanced. This amendment has been treated differently and that there was no written legal review.
I do not agree that it is sufficient to not provide that written legal review. The public does access that through these links. It is not accessible. And I think there is already enough concern in the community about disenfranchisement processes that have occurred here that I would caution this commission about treating this amendment, which is such a big issue differently and not at minimum treating it the same.
Okay. David.
I had said this at a meeting prior that, kind of the history of this current council, we have two members that are also state representatives, so they have plenty of time to do other stuff. So it just seems like there was good enough representation. If if the public wanted to get to them, they could have got information and had meetings with them. I I've actually heard more I I haven't heard anybody say what you just said, commissioner Chatters of other than when I've asked people or mentioned it to people, they're like, why would they do that? So that's
Okay. Amanda?
I have heard a lot of support, but I think it's notable that we have commissioners representing different areas who have different constituents who hear different things. I I said this in the last meeting, so I guess I'm gonna repeat myself. Sorry. I think it really is our job to put forward well formed amendments, necessarily to decide what the voters want. They will vote on it, and then we will know. So I would love to let the voters vote, and then we will have an answer. We can all say what we've heard, but none of us knows everyone in the county and certainly not only registered voters in the county. So unless there is something deeply flawed with this, I would just love to let the voters decide what kind of representation they seek. Thank you.
Do you have someone? Yeah.
Yeah. I just wanted to add, keeping the council f five members ensures prudent, efficient, and accountable local government that prioritizes core services over structural expansion. I really appreciate the folks that addressed fiscal responsibility. Government efficiency is another big point with five and effective representation. I also have not heard anything positive about seven. On the contrary, five has been more than sufficient, and we have that institutional stability with five.
K. Any other discussion? Robin?
Yeah. Thank you. So as somebody who, you know, I like my council member just fine. Yeah. I live in District 5. Sam Lowe, really nice guy. But Sam Lowe's district is huge, And the same with council member Nearing. It's huge. And I would imagine, like myself, a lot of folks who live in these, especially geographically larger areas, do not see or hear from their representative who could be helping them out on county council. They don't hear from them.
I don't hear from Sam, and I live in the same city as the guy. He has a very big territory. Maybe maybe not a great example because he's also in the State Ledge. But it but that but even outside of those times, when he is in the State Ledge, I don't hear from him. And I I do believe I I like how commissioner Dodd put it. Like, let's allow the voters to say if they want this or do not want this. And I think if if they look at the numbers and they go, I'm not willing to pay to have two more council people people. That's that's fair. And they're gonna say no. And maybe it will be an overwhelming no.
But but I do believe that they have the right to to raise their hands and say, would like to have, more representation and not less. Thanks.
Jill, you have a first comment?
Yeah. I really appreciate that because I know the territories are are a little bit different. I am in council member Peterson's district. He lives around the corner from me, and we're in a kind of a denser space. I don't hear from him either, so I don't know that that's gonna be solved by increasing the number of people. That could just be maybe we send them more notes and say we'd like to hear more from you or, you know, let them know that this is this is going on. We're we're feeling a little bit neglected in our districts or something, but adding more probably isn't gonna solve that that issue.
Patrick, thank you. Great comments all the way around. I am also the constituents that talk to me, steadfastly smaller government, less taxes. We're in budget crisis, virtually all levels of government, increasing government and law and the associated costs. Clearly clearly is not the direction that the individuals who speak to me, are interested in.
To your to your idea about the larger districts having additional council members, I'm fairly certain, correct me if I'm wrong, but the districts are a portion based on population, not on the square footage. So it is very unlikely that those larger districts with a smaller population would see an additional person. And in fact, they would see their ability to sway the council decreased because the districts with higher population would have additional representation. So all of the larger area districts, they're gonna see their voice decreased, if we make this decision to do this because there will be more individuals from the other districts. They'll have less representation in that way.
Also, the idea that we should simply put this in front of the voters and let them decide, if we follow that logic, we actually wouldn't exist because our job is to decide which of these go before the public. If we wanted to say that was what we would do, we would have to resurrect essentially every proposal that's been put out here by any individual that passed legal muster and put all of those before the voters. And this county, in its wisdom, for decades now, has said that's not the correct approach. The correct approach is to have a commission formed that vets those proposals and brings proposals forward to the public. So I can't really agree that we should just give this to the public just because it has been proposed to us.
And finally, I would comment that public is available to create a public initiative to put something on the ballot if there is enough interest. If this charter chose not to make this change, then the public could create initiative. If there was such passion around this for this change, I'm very surprised there isn't a public initiative and hasn't been for a long time about this. I don't think there's as much passion in the public to go to seven as some corners of this particular county field there are. Otherwise, somebody would have raised this already, and it just hasn't. So I don't I don't think the public is beating down the doors for this particular one.
Okay. Any other comment? Amanda?
I just had a question. Given that the county council members represent an equal amount of people, can you walk me through the logic of having more council members means some people would have less representation? I'm not following that.
The well, you really have to look at as a senate versus a house of representative type of representation. We currently are more like a senate type of representation rather than a house of representatives. House of representatives based on the population. Our county districts currently are area, so it's more of a senate rather than a house of representative type of government.
But this right now represent the same amount of people. It's still based on population. That's why I'm not following.
I don't know that the I don't know if that's correct. I don't know that every district has exactly the same population or even similar populations overall.
No. That's why we do it after the census so that we have the updated population numbers, and then we redraw the districts so they're equal because people move around in the ten years.
So the correct. The populations are equal. That would mean, like, a city of Everett would have more representation than a city of the combined cities of Stanwood, Arlington, etcetera, etcetera, etcetera, because they would have more more council members on the council.
If we say there's a 100,000 people, each council member represents 20,000 people. It's not that Everett has more representation. It's that we have the boundaries drawn to include the exact same number of people.
The City Of Everett would have more representation.
Or get split into multiple districts if they're a high population area.
No. By by if you do it by
or if everybody represents the same number of people.
Because the City Of Everett has more people, so the City Of Everett has more representation. I Again, it's a senate versus a house of representatives form of government, and this is more similar to a senate than a house of representatives form of government.
We are not mathematicians, so I'm good.
Okay. Alright. Any other comments?
Just a comment. I I just wanna clarify. Are you saying that it's inherently problematic for the city Of Everett to have additional representation?
Can you can you help me then understand your comment about if it were redistricted, the City Of Everett would have more representation?
The city Of Everett would have more representation because it would have more representatives.
Okay. And so is that problematic?
It would disadvantage these cities that don't have as much representation.
But this is not city based. This is county population based, and so it could fall at any point across any number of city boundaries. So I guess I'm trying to connect the comment that this wouldn't be determined by city boundary. It would be determined by population. And, I mean, there's so many rules around districting. And, of course, this commission doesn't have the competency to recite those full rules. But it's not based on city. That's not how it's districted currently.
Correct. That's why my comment is the current the way it's currently set up is more of a senate style than a house of representative style. Carolyn.
I'd like to call for the question.
Jennifer's hands up hands have been up for a
little bit.
Peter, can you do a roll call vote?
Yep. Toyer?
What was that, Rob? We couldn't
No. No. Okay. Manny?
We're voting whether or not to that this goes forward or dies tonight.
Manny? Gregerson?
Yes.
Chatters? Yes. O'Donnell? No. Cass? No. Decker? No. Preston? No. Dodd? Yes. Mankey? No. K Mink? No. McGee? Yes. Eslick? No. James? No. Galey? No. Four yes votes.
Okay. Proposal four dies tonight. Let's go to proposal eight. Ben?
Okay. Proposal eight. There is a bit of an issue that was brought up, and it has to do with this. The, one proposal that we have is an amendment proposal to section 4.3 qualifications of holding public office. The one that was forwarded is an amendment proposal for consideration to section 4.4 conflict of interest.
The the problem here is if we move forward proposal eight as of most recent, that is section 4.3, which also has proposal number nine for section 4.3, if I'm not mistaken, which would mean we would make this adjustment, but then there would be another adjustment to be made to that same charter section that we just forwarded. Does that make sense? Is everyone following me here?
Because nine would have to have an extra duty of enforcing eight.
They're they're both set right now for to amend section 4.3, qualifications and limitations of holding public office. So at the very at the very beginning, when we very first started this process, proposal eight was for section 4.4 conflict of interest. When it was forwarded to me this second time for legal review, it is proposal eight is an amendment to proposal section 4.3, qualifications and limitations of holding public office, which is also at number nine is amending or proposed to amend.
Okay.
It was a proposed amendment one that proposed modifications to the conflict of interest standard. This was always proposed around 4.3. That was and there's also an updated version. Peter, I don't see it in the packets, the updated version. And it and it was to be combined with 17, which
And so when that came forward, this time, it now the limitations on holding public office, 4.3. Yeah. If we do that, Proposal number nine, if I'm not mistaken.
Duties of the auditor.
Also says section 4.3 qualifications and limitations. So in essence, we're doing two proposals for the same section or same article in our charter, 4.3. Patrick.
Thank you. Looking at the agenda, we will be off agenda topic. However, proposal nine, as I read the legal memo on it, the legal guidance seems to say that proposal nine wouldn't pass legal muster. So I might propose that we hear from legal about proposal nine. If it doesn't pass legal muster, we kill nine, and then that removes this conflict of two different amendments addressing the same section of the charter.
Hey, Ben.
If if that's the
Yeah. What is desirable?
Let's go ahead and do that if that helps clear up the mud. Okay. So
I will move to jump to proposal nine. Proposal nine in the comprehensive legal review, the issue came as I spoke with the deputy civil prosecuting attorney, and we looked through the auditor's duties. Because the auditor is a function of the state, the state has very specific duties that they've appointed to the auditor. Those duties can be adjusted and changed between, for instance, auditor and treasurer or any other of those elected bodies, but this commission does not have the authority to add additional duties to the auditor, to the treasurer. So because of that, if we were to move this forward, it would be ripe for legal challenge and be voidable by the courts for the commission trying to add to state created function duties from the county.
Okay. So sounds like nine is a hill too far. Patrick?
My question is for legal counsel. Reading what you've said here as I examine this over the week, I was like, I don't see any creative way around this. I don't really see any way finagle this or to do something slightly different that would make this palatable because you're essentially saying, it's kind of a flat no. This commission does not have the purvey to tell the auditor that the auditor, you shall start doing this. We just don't have the the right to do that. If we even if we put this and even if the voters voted for it, it would be very likely challenged and found to be, no. You can't actually do that kind of a waste of everyone's time. And you're nodding?
Correct. And and I'll also say at our meeting two weeks ago, commissioner Chatters brought up she asked the specific question. Could we compel the auditor to do that? I said, yes. We could. I answered that without having all of the information, and that's why we go through a comprehensive legal review after the preliminary legal review. To be sure, I I I was very confident in that answer after I spoke with the deputy civil chief attorney, and we went through this. That has changed drastically because of the
Okay. Given that, I withdraw the proposal. Withdraw nine? Nine. We can have discussion on it, but he's basically saying, you can't do it. You can't do it.
Okay. Janelle, go ahead.
I mean, is there anybody else who could serve in this capacity? I mean, is there not an ethics commission within the county government?
Certainly, there's an ethics commission, but we're too far down the road for this commission at this point to really make that kind of a pivot here. And and having dealt with ethics commission and Iran ability to hold Ashvaz and eligibility, etcetera, etcetera, that just gets punted from group to group. At the end of the day, it really is a court function. The court is the final arbiter on something along these lines, and a court action would have to be taken. So there is a solution. It just is an expensive lengthy process and fraught with a lot of problems solution.
That goes through the county prosecutor in order to get to the court piece.
Yeah. It's it's tough, but I don't think we can pivot.
Hey, Ben. Just a point of point of order. Can the original proposer withdraw the proposal, or do we need to vote on it?
Because it's moved to this process and it's already been voted on to move forward Right. It would need to have a a vote on it.
I agree
with you.
Okay. Okay. So let's keep that in mind for proposal nine, but we are on proposal eight. But ignore proposal nine. But ignore proposal nine for the future.
Can I I make a motion to move, proposal nine ahead so we can all vote it down?
You can.
Great. I'll make that motion.
Okay. I have a motion and a second to, take up proposal nine now. And, is there any discussion? Hearing none, all those in favor? Aye. No. Any opposed?
Wait. Wait. Wait.
We're voting on the agenda
to move it forward.
Move forward. We're voting yes.
Pull it forward in the agenda.
Everybody should vote no.
Right.
Proposal is to move it forward
Move forward.
To to put it onto the ballot. So we all wanna vote no.
Your proposal your your motion is to talk about proposal nine now.
Correct.
Right. Or o. Okay.
That's what I understood.
Chair, point of order, I thought if no one motioned to advance, it just fizzled.
We can do that, but it but but what we can do, let's move it to ahead. We're moving it to the agenda now so that we cannot get a motion and kill it. How about that?
That sounds great. That's what I meant. Sure.
Voting the change in the agenda. So right now we are changing the agenda to take on proposal nine now. We have a motion and a second. Is there any discussion? Hearing none. All those in favor? Aye. And any opposed? Okay. We are now talking about proposal nine. Is there a motion to move proposal nine forward?
So moved.
I have a motion to move proposal nine forward. Is there a second?
Second.
Robin is a second. Okay. So discussion on that proposal. Anybody? K. Call for the vote. All those in favor of moving proposal nine forward. Paul, Peter, roll call
vote. Toyer? No. Fanny? Gregerson? No. Chatters? No. O'Donnell? No. Cass? No. Decker? No. Preston? Dodd? No. Mankey? No. Kimink? No. McGee? No. Eslik? James?
No. Kaylee? I'm gonna say yes because why not?
14 no's and one yes.
I don't I don't know what that was about.
Anyway Could could we could we ensure that it's noted in the meeting minutes that it the legal advice was that this was not permissible?
So it is clear, that, you know, our hearts were with the people. But if it the law doesn't allow, the law doesn't allow.
Okay. Noted in the notes. Back to proposal eight. We, have had the legal review on it. Can I get a motion on proposal eight?
So moved. K. A motion has been made to forward proposal eight. Is there a second? Second. Can I have a second? Discussion on
the motion. The new language has been Yeah. Passed
I think we still have a problem with it moving forward with the the numbers, 4.3 o and 4.4 o because 4.3 o as is presented that we're gonna vote on in a minute, has to do the heart of it is with dual office holding. And if you look at section 4.4 o, that's what addresses that conflict of interest. No county elected officers, this is existing language, shall hold any other office or employment within county government during the officer's term of office. That's served us well, over the years, and I think that is where if just technically is where this should be under four four point four o rather than, qualifications and limitations. That was number one.
Number two, that has served us well. I spoke with one of the two people that I know that are currently holding two offices. I know Sam Lowe, and I spoke with him, at least by text. And, he has not missed one single vote. He enjoys doing both. He represents both very well. He's highly regarded. I kinda like why would you wanna, you know, hinder a racehorse? Somebody who's doing a great job. He's representing two different aspects of the county, and he's doing them very, very well.
He's not taking something away from somebody else who wants to run against him and beat him. That's what elections are for. We're not stopping that. And the county already has a limitation on county to county type. So he's a county and a state, and that's permissible. If you can do that and you can do it well, why would I say no and get in the way of that? He's done it well. He's proven it works well, and I don't think we should have this proposal go through.
K. Other discussion? Robin.
I'd like to propose an amendment, and I didn't get the the wording down correctly. But could we possibly for for, you know, folks who are who are doing it well, well regarded, etcetera, currently, could we grandfather those folks in so this would take effect after their current terms? So we're not saying you can't run for state rep again. Like, Sam, you can't run again. If you if you hold this, you can't run next time. He gets to keep doing doing what he's doing. And so we're we're you know, out of respect for our current elected officials, we could allow these folks to continue
Okay. Can you put that in an actual amendment.
I would second that.
Can can we just put that in an actual amendment wordage for me, Robin?
Can I can I jump in before
you make the motion real quick with the thought? Sure. So as you craft it, I would rather see instead of people in current terms, just pick a year. That's when it takes effect. There's a good ramp up to when it takes effect, but just set a start date. Because I I mean, you run for state rep every two years. So is it he gets to run forever or they get to run forever? Or is it, you know, as of '20 whatever?
How about a 2031, would that be the right year? Gives us no?
Hey. Sorry. How how about if we make it I
think if you're grandfathering a person, you're grandfathering a current person. And whether they I mean, they're already termed out.
Right.
The two we're talking about are already termed out on their county. Right?
One of them is for sure.
But what I I should say, we'll eventually term
out. But if we just let it go till when they term out of the county position. Let them complete their opportunities to term out.
We could perhaps is there a way to exempt sitting council members, which meaning at the time that this advances, any sitting council member is is Exempt. Is exempted. But then you wouldn't want them to open the door to the other three. But any if this condition applies to any sitting council member
Who is who is currently holding two offices. Right. If there are any.
Yeah. Because this I mean, this is this is not a commentary on the job that any of our council members are Right.
Yeah. I will say I
will say from a legal standpoint, if I may, the the concise language will work best to make to lessen any ambiguities. Right? So if we said a specific year, 2028 and on, that's how it is. Because as was mentioned, if we say any sitting council member or any sitting council member that has another job that they're right. There there are all these ifs, ands, or buts that could be brought up or discrimination against one, you know, anything like that. So having a set date, the the dates happen. Right? There those are not discriminatory. Those are not vague. It is a a a solid set period.
So Jennifer.
Just keep that in mind.
Well, I think 2031 achieves the goal in, like, a clear way. Just making it effective after that date.
Okay. Amanda?
I was just gonna say too. I
in in the in the
spirit of encouraging good governance, we should not be crafting our policy around specific people. We should be crafting a policy that applies to everyone equally. So just
Whether we like them or not, it shouldn't be a target or an allowance because we like the person.
Okay. Can we get a formal shot at you?
Yeah. I just wanted to say, I don't think we have that big of a problem to to want to amend this, charter over this specific thing. I think Sam, his his other council person, Peterson. Right? I wanted to make sure I got the right one.
It is very unusual. I asked chat GPT and it said it is not done anywhere else in the state. I do not think it has not been common in this county even though it technically is loud. I think in reading through the legal review of it, this is a can of worms legally if we were to do this. And I think the default for the for the commission needs to be if it doesn't show a clear and resounding reason, then let's just walk away from it. And and so that's kinda where I'm at. I actually originally supported this because everything sounds great, but with further review, I think it's a bad idea.
K. Do we have an amendment?
Yeah. So I would, we could just add to the end and say, this shall be effective in 2031.
At the end of 2031?
During the twenty thirty one election cycle.
Okay.
Second.
K. That's the motion. That's the second. Any discussion on the amendment? Janelle?
I think if philosophically we're against our county council members or any of the other elected body elected county officials holding dual elected paid positions. Extending this to 2031 seems maybe a little too far out there. I mean, obviously, we've got an election season right now for you know, 2026 is the state rep elections. I think it would be more reasonable to say, like, 2028 so that that gives people decision a decision point, like, they're gonna run for state ledge again or they're gonna run for city council or county council or whatever the other positions they might have with the county. But stretching it that far out, I mean, you know, kind of with the other commissioners, if we feel that this is too much power vested in singular people, then we should correct it now and be done with it versus making all of these exceptions.
Okay. Any discuss any further discussion on the amendment?
I I don't know if we finished the legal review. So perhaps that would be helpful if Ben could go through the full legal review before we start adjusting language. More force, Ben?
Well, we have a motion on the floor. Can dispose of that first.
Any further discussion on the amendment? Alright. Call for the vote. Peter. Toyer.
No. Vanny. Gregerson?
This is to make it effective 2031?
Correct. Correct.
Yes. Chatters? Yes. O'Donnell? No. Cass? No. Decker? No. Preston? No.
Dodd? Yes.
Mankey? No. K Mink? No. McGee? Yes. Eslick? No. James? No. Gailey? No. Or yes.
Okay. We're back to the original motion. Ben, do you have additional that you
wanna give us on the original proposal? Yes. So there there was there may not be much to go over because there was a question previously and some confuse confusion as to whether the employee piece was removed. With that the employee piece being removed, I really have no further comments or issues. If the employee piece is left in, and I'm I'm almost positive that commissioner Preston did say, make that motion and it was removed, if if I'm not mistaken.
Yep. So I I won't go into all of the the employee stuff except to say, with that, the the concerns about employees in general would be a a violation of their First Amendment rights to to say that an employee of the county could not also run for public office unless that employee was an employee of the county and was running for an office in the county. That would just be considered a conflict of interest. And that's pretty much set already.
Amanda.
Thanks. Kushner James brought up an interesting point about which part of the charter would need to be amended for this to happen. You would firm that up in the final legal review, I'm assuming? Yes. Okay. Yeah. I just wanted to make sure that was addressed. Thanks.
Any other discussion, Patrick? Yeah. Very quickly. One,
if we're saying no to publicly elected offices, I don't know why we're calling it carving out for the PCOs. I just don't think it makes a lot of sense. It's either either nobody holds to elected offices regardless how far up and down the food chain because, you know, if if the precinct officer is here, but there's a water commissioner, for example, I mean, that's a pretty low impact. There's really not a whole lot of conflict there. It's very low time.
So why why not move up the chain a little bit more to a to a water district or something along those lines? So I'm not comfortable calling out excluding the precinct officers because I don't think there's a valid reason. And second, we have added in red where it says and registered voter in the county. Correct me if I'm wrong. I believe our intent was that they be an active registered voter in the county, not just a registered.
You can be a registered voter and then let your voter registration lapse for years and years and years, and it it becomes a bad litmus test because it actually doesn't mean anything at all. So I thought we asked for an active registered voter in the county, but but correct me if I'm wrong on that. If not, I would simply move, that we amend this to read and active registered voter in the county. So moved.
Go ahead. A county resident and registered voter in the county for the three years immediately prior to filing for appointment. So that would be That to me is active, isn't it?
No. That's not the definition of an active registered voter.
The definition of an active registered voter?
You have to, you have to go to the the registration the voter registration auditor, and you have to take action to remain an active voter periodically. This I know this because of what happened in the city of Lynn where we had an inactive registered voter. He simply hadn't done anything with his voter registration for some time.
So you could be a resident, but doesn't that mean you're a registered voter?
You can be a resident and registered but not active.
What act not active? Would just wouldn't that just mean you have not voted in the last several elections?
You may not be registered as a voter. You might
No. Registered. You you you register. You just kinda stay registered forever until something happens that makes you no longer be registered, which usually is you register somebody someplace else. But you could move out and still be registered. I can move to wherever I want and still be a registered voter in Linwood, albeit inactive.
Can I speak to this? Because commissioner commissioner Preston and I did some some work on this together between our last meeting and this one. Mhmm. And so that language is taken from the existing language, and the purpose was to clarify that the standard would be both a county resident for three years and a registered voter in this county for three years. Because as you know, you can say you live here, but maybe you're registered to vote somewhere else, and that's that's where you vote.
So so we actually took the existing language, and we just clarified that you were to both be a county resident for three years and be a registered voter in this county for three years. The other piece is with regard to PCOs because we did have some discussions around this, and then we did review Ben's legal findings, his preliminary legal review findings. And so our thoughts were that is more of a community organizer type position, whereas we're talking about elected roles that are policy making policy decision positions. So there is a distinction. And then when we read Ben's analysis that seemed to support that, where he said that PCOs have been kind of recognized as a separate class from other elected positions, and that exception has been extended in other areas where where these types of regulations have been put in place.
So we were thinking that it was in alignment with the findings of the preliminary legal review, and it also made sense because of the difference between policy making and community organizing political work. Amanda.
Also and I'm I'm gonna look at Ben, who is the lawyer. Precinct committee officer is not like a position that exists like county auditor or county executive. The political parties pay for those elections, and they are to run the party. It's not a regular office. It's not the same kind of office as the rest of these. That's why there's only Democratic and Republican not run as an independent PCO.
Good. And it's the only other elected position that you can have your name on the ballot twice in the same year. So it is a different animal.
I I was gonna ask one more thing too. Okay. Is active registered voter, like, a legal term? I feel like we'd have to define that. I haven't run into that before in state law. It is so there's a definition.
Have to define specifically have that defined in there. Yes.
Okay.
Well, I We don't have to. That's actually in the voter days. Was gonna say yes.
Database already says you are registered, inactive, or active voter. So it's already a defined term.
But to put it in the law, it has to be a legal term. It can't just exist on a website somewhere. That's what I'm saying. We'd have to define what that is here to enforce that law.
It would assume that the voter registration database is a legal document that governs who can vote and who can't.
So I can assume that. I'm asking the lawyer.
I I I'm not familiar with that specific thing. I mean, I could take a look at that. But, yes, if it if it is in the the legal voter database as active or inactive, then there is a specific definition of what an active voter is and an inactive voter. I don't know what that is off the top of my head, but when they have when they being the government, the election body Secretary of State, when they have a definition, active or inactive, there will be defined what that means. Similar to the legislature and all of the I shouldn't say all because they unfortunately don't do this every time.
But in the statutes, where there's a specific term, you will find that definition on the definitions page.
Okay. Let's keep this show rolling. So we have a motion and a and a second to move proposal eight forward. Do I have any other concise discussion about proposal eight? Go ahead, Janelle.
Am I just missing was there supposed to be a carve out for a charter?
There currently is. I don't think we need to it's not I don't know where that is, but there is a carve out for Charter specifically in existence now. Do you know where that's found?
Well, this only applies to county elected officials.
Yeah. That's what allowed us to run.
Isn't so is a charter commissioner not a county elected official?
No. But what I what I'm saying is that this would this the county elected officials currently, I don't even know if they can run for charter. That'd be an interesting legal question. I don't know if we've ever had a county council member that has attempted to run for charter review commission.
Based on the existing language of, of 4.4 o, it it would say on the surface that they cannot. They're county, and they're running for another county office. Yeah. County the county is not allowed. It's already that's already in the law.
Yeah. Okay. So, Mark, you got Mark?
I do. I just, I would like to propose an amendment to this that we drop the whole dual office holding part off and just go with the the first paragraph that addresses, the, qualifications and limitations.
I'll second for discussion.
Okay. So your amendment, state it again, please.
Well, I guess I don't know if the best way to
say it is
the exclusionary. Drop the dual office holding part of this proposal completely. I think it's addressed in section 4.4 o adequately. I don't think there's a problem with that. The first part of this is has relates specifically to qualifications and limitations, and that that's fine. That's what we've been discussing.
Point of order that the proposal is about holding dual offices as a county official. Doesn't that functionally change the proposal to be something different? I don't know if that's an amendment. That's Yeah.
I I would agree.
If you doesn't your amendment change the whole purpose of the proposal?
My proposal lead, an amendment proposal to the section qualifications and limitations to holding public office is addressed in the first paragraph. And in in in light of being concise and and having less verbiage and have it be, you know, less challenged in the future, we stick with the very basic. What the title says, paragraph says that, done. The dual office holding actually is even in the wrong place. It's not even supposed to be in 4.3. It's a 4.4 issue.
Okay. I do have an amendment, and there is a second.
So Is that is that just existing language? So it's just removing the change to, like, revert to the existing language.
Unless the word active registered voter is put in there, then it would change that. Otherwise, yes, it is the existing language if we remove the dual dual office hold.
Yeah.
Jimmy?
So that actually just kills the whole thing basically because the first paragraph is essentially the existing language and the existing language does address eligibility to be elected in terms of more than three consecutive terms. So it does actually deal with limitations. So I think it is appropriate to include a limitation on dual office holding in the section called qualifications and limitations. So I think 4.3 would be the right spot. But again, as Commissioner Dodd mentioned, legal would determine that in the end, whether or not it should appropriately be under 4.4, 4.3.
David. Section 4.4 just has to do with Snohomish County, and the dual office has to do with Snohomish County and other elected offices outside of the county or other places in the county. So it's a big differentiator. And the I think the intent of what we've been discussing is having a county council member being elected to another office.
So you wouldn't even need 4.4. It would have to be amended out. It'd be double speed. Okay.
So I have a amendment.
Get rid of 4.4. Is that what you're
saying?
You would have to if you're gonna accept this one. You have no reason to have four four.
We're not gonna solve the lawyer. Are debating.
I'll say it in the microphone. We're not gonna decide that now. That's what the lawyer will do. That's why we have him. But are we gonna entertain an amendment to kill this or we're gonna vote whether it moves forward? I don't think it's appropriate to have an amendment that completely changes the purpose of the proposal. I don't think that's in order.
Okay. Let's call for the vote on the amendment then.
On the amendment or on the what are we voting on?
So we have an amendment on the floor.
And we're gonna vote on that?
And restate the amendment for me, Mark.
Delete references to dual office holding.
Out of 4.3.
Out of four.
Can we get a weigh in on whether it's out of order from whoever our parliamentarian is?
What do you think there have been?
If if what is out of or to
remove an amendment that changes the substance of the proposal? Like, we don't do strikers typically in these kind of meetings.
If I mean, if if this if the amendment that is being made to strike this goes through, then effectively, it reverts to the same unless commissioner Decker's active registration stays right. So it does change it and it effectively makes it the same thing, which would be redundant to try and and do, which I mean, that's it's a motion that can be made.
Okay. I wasn't I thought it was out of order because it changes the purpose, but I don't think we've agreed what form of Robert's rules or whatever Reid's rules, whatever we're doing.
Okay. So let's call for the vote on this amendment.
K. Coyer? No. Vanny?
So we're deleting it, so that'd be yes. I'm voting yes.
Okay.
Gregerson? Yeah. Chatters? No. O'Donnell? Yes. Cass? No. Decker?
Yes. To strike all language after dual office holding in the current
amendment. Preston? No. Dodd? Yes. Mankey? No. K Mink? Yes. McGee? No. Eslick? Yes. James? What was that? James?
There you go.
You voted yes? K. Galey?
One, two, three, four, five, six, seven, eight, nine yes votes. So that passes.
So No, sir. The amendment pass?
K. So now we're back to the original motion. It no longer has the dual office clause in it. That one has is that what we're saying?
Take it to the curb.
Well, we're just back to how the county charter reads.
Yeah. But now it's pointless.
But Yeah.
One go. Is there a
point for it? Yeah. I
would move to permanently table proposal eight.
Permanently table?
It it might it due to it doesn't need to be addressed now. It's not changing anything.
Well, why don't we just take a vote on the motion then either kill it or move it?
Okay. I'll
roll call vote on that.
Somebody needs to make the motion.
It's removed.
There's already a motion on a
Is it? Okay.
Toyer?
What are we voting on now? So we are voting on whether or not proposal eight moves forward or dies tonight. As of it No. As of middle.
K. Benny?
Banny? Speak. No. No. Gregerson?
This is to move forward existing language on a like as amended, therefore existing language with no amendments?
Okay. No.
Those can Chatters?
There's nothing left of it, so no.
O'Donnell? No. Cass? Yes. Decker? No. Preston?
We're voting on it with the amendment that took out the dual.
Yeah. They took out the dual
whole thing.
Kind of different. Yes.
Yes. K. Dodd? No. Mankey? No. K Mink? No. McGee?
Eslick? No. James? Galey? No. Yes votes.
Okay. So proposal eight is dead. Can I propose a eight minutes?
07:17 so we could take an eight minute break until 07:25 or or a thirteen minute break.
07:25, but I wanna divert to my lack of lived experience.
Seven minutes is fine.
Okay. How about you? I can do
it in five.
I need some water. Yeah.
I'm confused.
Too many events and changes.
Yeah. Well, it's
oh, just be read a list of things in the ten year shenanigans.
We're gonna go to proposal 14, and, I do enjoy robust discussion on all these, but let's make it concise, robust discussion. So proposal 14 is the proposal related to the creation of a budget stabilization fund. Ben, what do you have for us?
From a legal perspective, no major concerns. This I mean, this is one of those things that this body is tasked to do in terms of or amending the county charter, adding to it, or replacing. The only concerns would be depending on the final language, and I say that only because there there are two issues. One being ambiguity, the other being, too confining. I say that because to direct the county council, to for instance, the county shall adopt by ordinance policies that provide for regular contributions to a budget stabilization fund.
What are those specific policies he he I know that there are a few that are listed here that shall include. Those are fairly specific, and that will work. The problem would be what is a regular contribution. Again, that is something that you can leave to the council to decide if they just you know, at the end of the year, when they're redoing the budget for the next year, they decide what those contributions are. Because it from a legal standpoint, it's concerning that it just says some contributions.
On the other end of that, if you try to say a specific contribution, right, they shall put $1,000,000 every year into this fund. And what commissioner O'Donnell brought up earlier, if we are in this tight fiscal issue that we're facing now where there are budget constraints, where does that go? Because that leaves the council with $1,000,000 less because they have to contribute to that. Right? So, I mean, as it is, it'll work. There there are some issues that you are essentially just turning over to the council, which may not be an an issue for you. But that in in a legal sense, there there are ambiguities that are concerning for me.
Okay. Can I get a to create the or or is it are there any questions for Ben? Let's do that first. Jen. Janelle.
Could it be done as, a percentage of revenue?
It could be. Yes.
Sean?
I think the ambiguity is beauty of it, and and it leaves it to the council to decide what extraordinary revenue is. It leaves it to the council to decide. And I think that's okay. I'm the one that sponsored this thing because because then it has a focus, and this was from the treasurer who was a staunch democrat. And and I appreciate his his drive to fiscal responsibility, and this is more of an emphasis on that without putting the constraints of a million dollar number. So I think that, I think it's pretty as the way it looks. Leave it alone.
But, Sean, help me understand. So what makes it different from what they can do now? Because right now, they could say we're gonna put x into the fund and they don't.
Well, I think I think we're gonna find that, it it creates a good argument for the ones that want to say, hey. Look. We've got this in the charter. This is certainly extraordinary revenue. We've run up 18% this year. Let's slide 12% of that in that. So I think that's that's the strength that's gonna happen on that. Not much else maybe, but but I think that's I think that's cool. Okay.
For Ben. Is there any reason why it could not move forward with language that allows the council to work with our budgetary experts to create an ordinance that would have a threshold that makes sense, because I I I don't I don't think we could come up with a threshold at this table that would make any sense without input from our professionals that work with the budget. I I don't even think the council could come up with a threshold without working with our our professionals who deal with the budget. Is there is there a problem with leaving the language directing the council to work with our budgetary experts to determine an appropriate threshold and pathway to fulfill the intention of this?
Only in so much as directing the responsibilities of a county employee. So for example, like I'd mentioned earlier, you know, with the treasurer, with the auditor, this body has the purview to kind of adjust the things that they do, not adding to it, but adjusting what they do. A a budgetary position that is not necessarily under the purview of this charter for this charter to direct the job responsibilities of that employee would be problematic. To say that they work with the the budget department to do so, I don't think would be problematic. But to direct that, the the budget crew takes on the responsibility from the council to do this thing that we've put in the charter is then directing where the county executive generally would have those responsibilities.
That was going be my next question. Then would it make more sense to direct the executive to work with the budgetary staff to determine what an appropriate threshold would be?
That may be appropriate because it's still that approval process would still go through the council. So I think I think the concern there is if the executive works with the budgetary departments as necessary to to do this thing, it's and this specifically is telling the council to create this stabilization fund than trying to mesh our direction or this this body's direction for both the executive and the council, I think is beyond the purview of what this body does. And then my final question would be, is there a process by which you believe
legal analysis could resolve this and propose language that would meet the intention of this proposal and also deal with the conflicts that you're describing?
I don't know about those conflicts necessarily. The the the process itself, and I think the intent of the the process Like was mentioned, the legal concern for me, and it's just general legally, is ambiguities. Right? In this piece, the ambiguities are concerned, but it's not something that I think would make the county liable to something. Right?
There there wouldn't someone I don't see someone bringing a suit against the county because there was a a regular contribution that the council made of $10,000 as opposed to $1,000,000 Right? That's their purview. So to have that ambiguity, I think, is and when I say concerning, coming from a legal standpoint, it's just their what concerns me is if there's not control that we can have over that specific thing. So this concern is a very mild concern, but it's it's still there.
Thank you. Mark. Yep. Do we does the county already have, rainy day fund and a reserve fund? And now we're creating another budget stabilization fund.
And the the description here under the proposed amendment on the first page, it says what it shall include is excess year end general fund revenues, onetime extraordinary revenues, other dedicate. Those funds that says this will include are already going into, I think, the rainy day and the reserve, aren't they? We're gonna divert those funds from the other two funds, which also begs the question, when we have catastrophes and and respond to declared emergencies and maintain continuity of essential government services, we tap into rainy day and reserve. Right? I'm kind of wondering what the point of a third fund that's just moving money around.
We're just kinda doing the old switcheroo. The same amount of money is gonna be there, and council and executive are responsible to make sure we're taken care of. That's what we elect them for. So I'm just wondering
For me, that's that's a that's very much a policy question as to what the council does with the funds. Because I don't know necessarily I mean, from a legal standpoint, the the creation of a fund like this, generally speaking, there are not concerns with doing that. So from that point, it's on to the policymakers as to what they do with that specific fund. If it's the same or similar to the other three funds, that's their purview and how they want to want to do that.
Any other questions for Ben? If there's no other questions, can I get a motion on this?
Motion to advance proposal 14.
K. I have a motion. Do I have a second? Anna, I have a second. Okay. Discussion on the motion. Robin?
On here, it says, at the at the bottom of the page we have here, use of funds shall require a super majority vote of the county council. And I thought the intention was the use of these funds, would require a four four like, so a super duper majority. Like, that level is, four votes rather than three. That's what I thought the intention was from Treasurer Sullivan. Do we intentionally, are we moving it to that 60% supermajority, or are we do we want it to have the higher threshold?
And I'm and I'm asking the question because I thought it was supposed to be special, which is what makes this different where it's not one big bucket of funds and they get to just choose where they send it. This sort of saves this bucket of money for an o so. Right? Like, we need to have that money when something like that happens again. And if it's just, you know, we're we're paying for our cops and we're paying for our council members and we're paying for all of our stuff And, oh, no. Now we're broke, and we have this giant natural disaster hurting real people. We need something to tap into. And at that point, you're gonna have four of those five council members that say, yes. I want to help those people. And and I think that's the difference.
So I don't I'm not saying, that I'm making a motion to change it, but I'm I'm asking the the the folks who were working on it or proposing it. Yeah.
Okay. Good stuff. Further discussion? Tammy?
So I was one of the sponsors of this, and that was definitely part of it. It was restricting the ability to tap into those funds to preserve them for when we have if and when we have something catastrophic that would be a shock to the budget in a way also is the big example that we all have top of mind because I'm sure we all recall that. And really the reason why I sponsored this is because I run a business and I know and it's much smaller scale obviously than the county. But you have to have some provision for just in case and that's got to be protected. And that is the idea behind this proposal is to ensure that not only are those funds provided for and protected, that they are contributed to.
And if you flip it over, which there's a backside that if funds are drawn from it, that there is plan to replenish the funds. And that is to protect the long term solvency of this county to ensure that we continue on even in the case of a catastrophic shock to our budget. So my reasons for sponsoring it was because you just can't leave yourself with nothing when you are running a business. The liability, the risk to the business having a very serious problem that could take it down that exists. And so again, I'm talking small scale in my experience, This would be an even larger scale catastrophe to not have protected funds under these circumstances.
Patrick. Thank you. Just questions for the drafters of the amendment. To commission James' comment, this is a rainy day fund and a reserve fund, maybe this is a third fund. Is the intent to have a fund that that is fund I mean, a a pool of money that is funded and that requires a super majority to pull from it different from a rainy day fund where it just basically takes a majority and it's much easier to get the funds out of a rainy day fund and a reserve fund than this fund.
So is that why there's the intent to create a net new accounting revenue line item in the budget so that any money that's put in there is sacrosanct and can only be used when a super majority says that it can be used and then it has to be replaced. Is that why the discussion around creating this new fund rather than just repurposing an existing fund?
Jennifer.
Thanks. I was just, like, maybe kinda speaks to that point. I'm just sort of wondering about how it this would interact with existing reserve policies. Like, I don't know if I have a good understanding of the current policy and why we would need another one. So I'm wondering if there's a way to tap take more time to get feedback either from county council staff or executive staff.
So thanks.
Yeah. No. My con my only concerns with this is I see here these funds shall use be used only for the addressing catastrophic general fund re revenue shortfalls, responding to declared emergencies or catastrophe catastrophic events, maintaining continuity of essential foundation government services during fiscal distress. That's kinda what, like, Mark stated that's like, we're Arlington, that's our reserve funds. We use that and stuff.
We depending on if what revenues we have left over in our general fund at the end of the year, we move depending on where we're at up to certain percentages up to it could be 6%, it could be 18%, it could be 20%. But my big concern is what's the ceiling? I mean, do you just keep funding this thing until all a sudden you got $40,000,000 in there? And it's just sitting there. It can only be used for these certain things. Everybody's sitting left to the side going, but we can't touch that money. Well, that's my concern. If there's no ceiling, where's the limit of the wall for the cash? And it's only being used for these. Amanda.
Thank you. I do like the idea of this, but it is it's gonna mean different things to different people, and that's what makes me concerned. Everybody that looks at this and votes on it is gonna have an idea of what it means because it doesn't say ninety days of operating expenses or six months of operating expenses or something. And so it's just gonna be up to every different iteration of county government to decide what it means. I would love for it to to kind of come back with more about what is it gonna do?
What are the parameters? How much money should it be? Because it right now, it's hard to pick it apart from, as everyone has said, the different kinds of reserves that we hopefully have. I do know some governments dip into their reserves just to spend more than they took in. So I I it would be cool to have a fund that that's not possible for. But I it's just it's so vague. I don't know what it really does in the end.
Peter, do you have something?
Yeah. I was just gonna say,
if we'd like to,
we could invite the treasurer back to the next meeting to go into more detail on it if we'd like because I know that he helped he worked to draft this as well. So there might be questions that only he can answer.
Okay. David's here then.
Yeah. I had written a note down on this. I said rainy day fund. I I I guess we have a rainy day fund in the county. I wasn't aware of that, but it seems like that's what this is with maybe a little more specificity, but then it's a whole another account. And I'd I'd like Don, I'd like it to be $40,000,000, but I'm not that optimistic, yeah, with the current situation. Yeah. Did
Ben answer that question that I had? Is there a rainy day fund? Does the county have a rainy day fund?
Yes. Okay. Okay. Carol. One more one more comment here. It does really bother me that this money would go into an account, and it would be tied. Your hands would be tied when we need it for other things. I think that the the the stabilization fund is already there. I think an additional fund only complicates, the budget and, the flow of the county and the process. So I would be voting no if we were voting no.
Sean. I
think that that's not a bad idea, Peter, to have the treasurer back in here because I don't I couldn't tell you what kind of extra funds that they have or how much is in there. This is based on the treasurer who's saying that, hey. We need this. We were almost broke when also hit. So that's why this thing's out here. It does say maintaining the funds can be used for maintaining continuity of essential foundation government services during fiscal distress. So you could tap that out if you were in a pickle. And I like the idea of it because it does give the council quite a bit of discretion on on how this would be used. And so I'm gonna support it, but I'm not married to it.
Okay. Let's call for the vote, Peter. K.
Claire?
Manny? Oh, sorry.
Hold on. I was here.
There there was a a suggestion to bring, Treasurer Sullivan in. Oh.
So I I'm okay I'm okay with that if it passes.
Okay.
Okay. Great. K. So I don't know what we're voting.
But we might
The challenge I have is as is. I don't understand what purpose it serves.
That's what
we So I don't really wanna move it forward because it's then it's like, we're hoping it gets better. Can we kind of table it till he can come in and we can have a working session to add parameters it?
If that's the desire of the commissioners. We'll we'll hold it on the vote.
I'm can I
motion to table?
Second. K.
K. I have a vote to table this and a second. All those in favor? Aye. And any opposed? No. Okay. Motion passes. Tabled till next week. And if we get the treasurer to come in
I will reach out to him.
And sprinkle some wisdom on us, that would be wonderful.
Can we do it kind of study session style where we can talk about it and ask questions? And Yeah. It's just I would hate to be just a presentation that he goes, and then we're like
Yeah. Yeah.
No. We'll we'll we'll keep Brian here all night long to enjoy the fun. Brian,
could could we also Yikes. Could we also ask Peter to when he reaches out to the treasurer to let him know that the questions that
are because being
this may require someone from the budget office in addition to the treasurer to answer specific questions around, you know, some some of the concerns that were raised by Ben.
Yeah.
So it it it may not only be the treasurer that we would need to hear from to answer the questions of some of the commissioners.
That sounds good. Peter, you got that?
Yes. Thank you.
Jennifer, was that your
Same. Same.
You guys literally owe each other a root beer. Alright. Let's go to proposal 21 related to requiring a super majority vote of the county council to raise taxes. Ben?
Yes. On the face of it, there are, no specific legal issues, for directing the the counsel in this, because it's less directing the council and it's giving direction to the council as to how this policy will work.
Okay. Any questions for Ben? All right. Can I get a motion on proposal 21?
So moved.
Second. Motion to advance proposal 21. And Patrick, you're second? All right. Any discussion?
David? It's been referred to or as I interpret it, that supermajority is three out of five votes at 60%, but that's the a majority. That's our only majority or that's the first majority. Supermajority would be one more vote. Yes.
It would be 80%. It would be 20% more because you only have five, but it's only one more vote. And like treasurer Sullivan said several times that he liked a more it would create a more robe he was referring to something else, but it would create a more robust discussion in the packet that I have here that lists all the charter review votes over the last since '28 was it '96 or whenever? In in '96, there were sections in there where there was a a proposal for four out of five votes on one of the propositions back then on one of the charter amendments regarding the budget. So that's already there's something like that in there.
Six point section 6.5. So I'd I'd be in favor of super majority being in define it as four out of five votes.
Which it says that now. Right? In the proposed amendment, required affirmative vote of at least four out of five total members?
Yep. Thank you.
Yep. Okay. Sorry. Other discussion? Demi?
We just heard some folks discuss the stabilization fund, which is the catastrophic fund, and that it would be limiting to protect it with four votes. It doesn't make sense to me then how it would be appropriate to constrain our ability for general operations by requiring four votes, a super duper majority. So I I'm not reconciling the two. I think that this will potentially make our operations difficult. I am not in favor.
I am not in favor of that. I have seen discussions around taxes occur in this county. They are extremely robust. Again, if you have if you have seen them, the the gallery is full. It's in the newspaper. There's there's copious amounts of comments online. The problem is not that folks don't come out to discuss, the raising of taxes. People are very sensitive to that issue. It is top of mind for most folks. They do come out.
They do discuss. This would not increase discussion because that discussion already occurs very vigorously anytime a tax increase is proposed. This would just serve to hamper our ability to manage our day to day operations and to keep up with the cost of inflation, which is already greatly outpacing our operating budget. So I will be a no vote on that.
Okay. Other discussion? Janelle?
I'd just like to remind some commissioners that a lot of our cost increases have to do with policies that have been set by the majority in power. And this is a way to kind of put that taxation in check. And if there is some operational justification, then it should be very feasible to get a fourth vote on increasing the taxes. But it's at every level of government that the taxes go up. So then the costs of for other people or other businesses and levels of government then go up. So the freight train needs to be stopped.
Jennifer.
I I'm having same concerns as the last time we talked about this related to, you know, bond rating and just adding these additional restrictions that would be, like, much greater than other forms of government on this topic. And then I just think the title is misleading because it's not a super majority. It is 80%. It's like a super, super majority. I appreciate in the language, it says four five, but that's not it's not a super majority. So, that's all. Hard no. Amanda.
Thank you. This is one of the few proposals that stuck out to me as not just an ideological difference, but irresponsible. We our taxes go up at a crazy rate because we have volatile tax revenues. Because we tax consumption and property and not income, every time there's a recession, it falls. We have to find new ways to get revenue to do the same things we were doing before.
And I really hesitate to do something that we know has a high chance of lowering our county's bond rating and hamstringing the county council when we look like we're about to or are in, depending on who you talk to, an economic downturn. Making it harder to run the county isn't going to create decisions that we like better. As somebody who owns a house and pays taxes, I do not like my property tax bill. It is gross, and it's more money than it's ever been. But as somebody who manages a municipal budget, the services that we are legally required to provide are not fully funded by property tax revenues.
So if we hamstring further the ability to run the county, we're just gonna have more awful decisions come out and lose services. It's not an issue. The issue is how we get revenue. And if we don't fix that, putting these random measures on that are gonna have other downstream consequences feels really irresponsible. So I will continue to not support it, and I would really urge that this feels like a feel good thing versus something that will actually change the way the county operates.
Okay. Other discussion? Mark?
Yeah. Under the
thank you.
Number two, it says an increase this would, apply to an increase to an existing tax or a public charge. The question comes up, what about councilmanic increases? Is those councilmanic increases? They're increases that the council just votes on that goes they go right through there allowed by the state without going to the voters. And then what about and when it says in a public charge, is that is that fees?
Like, we're talking about the whole fee schedule then, and they can't change fees without a supermajority? Oh, it does? Okay. What does it say there about that? So,
like, the parks department can do their own fee increases.
That can still happen. That's free.
Yeah. That could still happen. It's like if there's all if there's gonna be a vote by the council that the the increase and then the burden that's put on to the people and the taxpayer would require four to five. And I don't mind if I can see where the language is confusing, calling it super majority in our case with the five. So the language has to change to four out of five.
But Yeah. And and to commissioner Chatter's point, about the different taxes being smooth and volatile, the only thing that is steady on taxes would be property taxes, stays, you know, relatively steady. Sales taxes all over the place. Would this I don't know if it's possible or even desirable, but if it's gonna go through, would it be better to have it just address that? Just address the property tax issue and need four, votes to get that to to be ready? Robin. That would be
a priority.
Thank you. I'm not sure, if you were going for making a motion to change. Okay. I I didn't know, and then I didn't wanna, like, jump in and
No. Just asking.
Yeah. So in in looking at this again, I I was hoping to be more okay with it. And it it just makes it so hard for these elected officials to do their job. And I think we're saying that you're not allowed you're not allowed to do your job. We don't trust you to do your job.
It's not enough that that a majority of you agree to make a decision, but almost all of you do because we don't trust you to to do the right thing. I don't think I don't think it serves the public well to to not allow them to work if they can't get almost everybody on the same page. That's that's a that's hard. That's hard on a on a really, really good day. And I I appreciate I appreciate the spirit of this.
I wanna make it really hard for me to have to write a bigger check. Right? Like, I I know where I'm coming from, and I know where everybody else everybody else feels the same. But but I I want these folks to be able to do to do their job. So I'm I'm a no.
Patrick. I'm gonna be on the other
side of that, Robin. Sorry. But I do not trust politicians to properly manage taxes and spend coming from the city of Linwood where the overwhelming population said, do not raise taxes. They raised property taxes 50%. The following year, we said, do not raise taxes. The room was full. Email was full. Social media was full. Don't do it. They raised property taxes again. Then they raised utility taxes. And then on top of that, they raised fees, bonds, permits, etcetera, etcetera, etcetera, all the way down the line. So, no. Sorry. I don't trust politicians to do the right when it comes to tax and spend.
They will spend, and they will tax, and they will tax, and they will spend. I am completely in favor of it being a very, very difficult thing to raise taxes for the population, and this makes it so. Other discussion?
Getting getting back to having the more robust discussion, I think that I agree with what you're saying. People room was filled up when there's discussion on taxes, and I understand that. But then the the governing body would go through and could could hammer out and have consensus on something that might be more that would make more sense for the most amount of people, and they would they need to struggle with that, and it would be a little bit more of a struggle for them to make that decision, I would agree. But then I think it would be a better decision that would come out of that.
Other discussion? Jamie?
Final thought on this. As you all know, we did have a an increase in tax at point 1% tax increase. We had the sales tax increase not too long ago. And we have since had elections and none of those folks have been voted out over that. And it was not four out of five.
So the solution to folks who are not able to maintain an appropriate operating budget on a day to day basis with our government is to vote them out. Had we had that requirement, that four out of five, that tax would not have passed and we would not have those resources available for some critical needs in the county right now that those resources are going to be allocated for. I do not believe that it should be minority rule where 20% of the population of any body can effectively kill the ability for that body to effectively operate on a day to day basis.
Amanda?
clarification, would this affect the Councilmanic 1% lift or not?
I can't answer that right now. That would be something that would come up in the complete comprehensive review.
Because the like, the 50% in Linwood, that was banked capacity, and that's why it was Councilmanic. You can't normally increase taxes 50%. So that seems like really important information to know on this too.
Patrick? It actually specifically says that it is legislative action by the county that is being governed here. So it I mean, I think that's pretty clear. Legislation is passing of laws, policy not policy, but laws and regulations. So anything that doesn't fall under, they have to legislate it, then would not be covered by this, would not be governed by this. Only the things that they're going to legislate as county officials would be governed by this. And I think it was written that way for a specific reason because our county representatives do not legislate park fees. They do not legislate some of those other types of things that a city needs to have flexibility around. Okay. Other discussion.
Seeing none. Let's call for the vote on this, and the vote is to move this forward or to kill it tonight. Toyer? Yes.
Fannie? Yes. Gregerson?
Chatters? No. O'Donnell? Yes. Cass? Yes. Decker? Yes. Preston? Yes. Dodd? No. Menke? Yes. K Mink? Yes. McGee? No. Eslick? Yes. James? No. Galey? Yes. 10 yes votes.
Alright. Proposal 21 advances. Let's go to proposal 22 related to county financial transparency. Ben.
This falls under the same preview, I guess, I'd say, as the super majority raised taxes. The ability for this body to request and require financial transparency, one well, no. That's not a legal issue, so I won't even go into that.
I will also note that last week there was requested a fiscal impact analysis that's been linked in your packet. And if you have any questions on that, Heidi is here to answer those.
So good good evening. I actually did not participate in the fiscal analysis. That was Kara from our executive's office.
It does not look like she is on. Yeah.
I am sorry. I unmuted the wrong thing. Hi. Apologies apologies for this. Kara Main Hester, who is our chief budget officer, is actually the individual who worked with the information technology office to put together that fiscal assessment. That was not myself.
Okay. And I don't see Kara on at the moment.
I I'm not a I'm yeah. I don't I don't know.
Yeah.
I don't I don't see her in the in the in the attendee pool.
Okay. Apologies. That's that wasn't wasn't my work, so I'm not able to speak to
No. You're all good. Sorry. Sorry about that.
So so, Heidi, Peter, are we saying that that this memorandum is showing that that this is that the proposal is already being accomplished by this information? Is that what we're saying?
Commissioner Cass can probably speak to that because I know she would like Kara.
So, actually, really wonderful discussion. It's there's components there that are available to the public, but it's not entirely it's not like you can download all of, like, twenty twenty six contracts into one CSV file and that sort of thing. You can click in and look at individual pieces of contract information. Some of the columns don't exist to say, like, what's the total, expense on that on, like, a particular contract. And I think, also, grants are probably dealt with in a different location.
So it's not necessarily all consolidated. What was really nice about kind of this financial impact was that there's sort of a there's sort of things that they can do now for lower cost that would make a lot more transparency for folks. And then, I do respect the fact that there is a movement to some other financial software that they're doing in the future. So it's a little bit influx, and I know that the desire to have more transparency is there. So I think there would be a way to maybe craft the language that it is there's an expectation or give voters a chance to vote that there's an expectation that we do wanna be able to see robust information on how the county is spending money.
But with the understanding that this is sort of evolving and, yeah, certain nice halves might be extraordinarily expensive, but there's some things that are achievable in the short term that could be very cost effective and provide, more transparency than they have now.
Okay. Did we already do a motion on this? No. No? It could get a motion on proposal 22. So moved. Okay. I have a motion. Do I have a second?
Second.
I have a second. So let's have discussion on proposal 22. Where's everyone at on it?
Patrick. Concise. Still in favor.
Okay. I like that. That was great.
Demi. You're looking at me because you know I
I know you got something
to something to say. Well, it I I reviewed the information that was presented, by our our chief budget officer, and I would have loved if if she were present to present herself. But it sounds to me like they're already undergoing, some modernization efforts. It's she said specifically that changing, switching horses midstream, so to speak, would would create a significant cost. It would take many years to implement these features.
I would have liked to ask how would that impact the current efforts. I think perhaps this is is premature because they are already undergoing these systems changes and these modernization efforts to increase transparency. I'm also maybe a little hesitant to put language in the charter that indicates a specific type of technology, because technology changes so quickly. We may not have things called databases that we use in a few years. I would just be hesitant to put language tying us to a specific technology into the charter.
And it looks like there this is already in progress. Financial transparency is an amazing thing. I want more of it. I just don't feel that this proposal I don't feel that this proposal is where we need to be with this.
Okay. Thank you. Chanel?
Actually, I'd like to respond. While they are finally modernizing their financial system, they didn't actually build into their statement of work with Oracle to have a public facing component. So I think that's where the charter or a vote of the people would say, we would like to have some public facing, access to how the money is being spent. I'd be like, if we wanted to table this, I'd be happy to work with a few other people to get it more condensed to something that's more affordable and achievable in a shorter term.
Yeah. I would support something more affordable and achievable. We just had a pretty big discussion about taxes and that we don't like that they go up. And this is basically a custom system so that people don't have to do public records requests and then collate them themselves, which would increase our taxes. So I would love to see something affordable in front of us. Okay. It make
So moved.
Second. Okay. Have a motion to table and a second. Any discussion on that motion? Hearing none, all those in favor? Aye. And any opposed? Okay. Proposal 22 is tabled. Proposal 23 related to office vacancies. Chair? Good.
Just I move that this move forward to the next step in the process.
Hey. Ben, did you have
any legal Well, I was gonna move and have a second then discussion. Okay.
Okay. We got a motion. A second. Go ahead.
Okay. As we look at the office vacancies, one of the concerns that I had, office office vacancies are already mandated well, not mandated, described by RCW forty two twelve zero one zero. And that RCW enumerates specifically what the causes of vacancy from elective office are. And I highlighted those different causes and reasons that a office elected office would be considered vacant or vacated, I should say. And and if anyone looked at the RCW, there was also a note that there was a change in 2026 that deals with the sheriff issue that is is ongoing right now that's being litigated.
So that does not affect this body. That piece does not affect this body. So for the commission to add additional causes of vacancy would likely be contrary to state law as those specific causes have already been enumerated by state law. When those things are enumerated very specifically, the legislature has given thought, a lot of thought to how those are, added to that statute. And if they wanted to add something else or make it more inclusive, they would do that, and that has not been the case.
K. And we know all legislators are big thinkers. Big thinkers.
Patrick. Speaking of legal counsel, this sounds like, again, my amendment is running into a legal hurdle that cannot be easily or elegantly resolved by this commission. Is that a fair assessment?
That would be my assessment. Yes.
So I'm just I'll I will be brief here, but my I think I have to go to Olympia and work on this. You know how much they love me at Olympia. They I'm their favorite person down there. Then then I don't mean to no. I mean to go pound on doors and be a citizen down there making noise. Completely different role. I really have a problem, where it says one of the point four, his or her ceasing to be a legally registered voter of the district, county, city, town, etcetera, etcetera. I can move away and continue to be a registered voter wherever I registered before. I can move to New Guinea and still be a registered voter in Lynnwood. We have shown that someone can move to Everett and still be a registered voter in Lynnwood.
My problem is that the only way to get somebody to be in an illegal registered voter is you have to challenge the legality of the registration. And having gone through that process, the only way that you can successfully challenge the legality of the registration is to prove that they live somewhere else. Then there is no definition of what it means to live or reside anywhere. It's simply a term live, reside. So how do you prove where somebody lives or where somebody resides?
Well, we actually know and saw the person go to an apartment outside of city limits for a lengthy period of time over a period of months, and that was insufficient to prove that that individual lived outside of city limits. So, basically, there is no way to prove that someone is a legally registered voter in a particular jurisdiction. So I I fundamentally have a problem with the with this legislation. However, I recognize that this is not now. This is not the body to solve that. Olympia needs to solve this. I'll be down there pounding on some doors to get them to address that because it's gotta be fixed. So we have a vote. We have a motion and a second. I think
k. Any discussion? Hearing none, call for the vote. All those in favor? And any opposed?
No. We're all nos. It's dead. Alright. Let's go to proposal 24 related to moving to even year elections.
Ben. Alright. I think I gave my, 1 and a half cents earlier on on another matter. But what I what I do wanna do is kinda look at this, the indented paragraph there. This was from King County when they did the same proposal, that each of these positions was most recently elected, an odd number year for us would be, 21 or '23, if I'm not mistaken.
Sorry, '23 and '25. For a four year term, for each position, the proposed charterman would change the following term only to a three year term to move to an e even numbered year schedule. And then subsequent terms starting for us would be '27 and '29 would again or sorry. '28 and '30 would again be four year terms. So, basically, that's just to say in the in the proposal, all of the short terms, all of those things were were slated to start in 2027.
Contractually, more or less because of the quasi contract between elected officials and the constituents that elected them, those terms need to end before this begins. So to start some in 2027 would make sense, but then for those that still continue to have a term that will reach into 2029 would need to fulfill those terms before they could start. But other than that, the the legality aspect of being the the commission being able to do this is there. Just those terms need to be adjusted appropriately so that it doesn't shorten a term that is being fulfilled in the moment.
Yes. Question just to make sure I'm hearing you correctly. It sounds like you're saying that the transition schedule, there would need to be some points that are perhaps modified to align with the legal issues you're describing. But that there's nothing there that would bar this transition from happening. Would just be that the details would need to be worked out and it would need to align with with what is legal. Correct. Okay. Thank you.
Other questions for Ben? Seeing no other questions, do I have a motion on proposal 24?
I move to advance proposal 24.
Okay. Do I have a second?
Second.
Can I have a second? Let's have, some concise robust discussion. Who's first? Dale.
I'm gonna vote against this, I think. I've had the pleasure of running it six times in odd year elections. My experience at getting attention of the voters in odd years is already difficult. Moving them to even years, I'm concerned that the candidates at the top of the ballot will get all the attention consuming all the oxygen in the proverbial voting room. I prefer knowledgeable voters over a number of voters with the potential of getting better local down ballot candidates.
Sean? I'm gonna also vote against this. I think that the only argument I mean, the the the argument that you hear is that, you know, we get a higher voter turnout. And and I I think I think the disappointing thing is that so many people as citizens are are not engaged. I don't think we need to throw things in front of them. I I think it's a beautiful thing if there's an 18% turnout of informed voters. That's a great thing. I'd rather have that than a 40% turnout of people that, for goodness sakes, once we get to where you can vote with your telephone, I think we're done. So I'm not gonna support this. I don't think we need
it. Amanda?
Thank you. I really appreciated the studies that were done that were sent to us as public comment that showed that more people vote and that ballots that weren't complete, like, more people voted in even years than whatever small increase there was in ballots that were complete. And I would just caution commissioners, you're never gonna know who's an educated voter and who's not. People who vote differently than you aren't uneducated. They just disagree. So let's keep to the facts that we have, which is that more people vote when this happens, which means who's elected is more representative of the people they get to vote for that position. I will be supporting it.
No? Alright. Any other discussion? Yes.
I did read those, comments, and I'm not sure. More people turned out in certain elections, but it doesn't mean they voted all the way down ballot.
The comment actually said that they because you can see when someone under votes, under votes didn't go up with a longer ballot in jurisdiction. Even if
they don't vote for one, would they show us an undervote?
An undervote
Just fill out one
don't fill out all of your Gotcha. Your races.
Not all of them. Also, I just I I appreciate the smaller turnout elections because I do notice who I'm voting for more. So I think part of the part of this whole thing is we have a lot of uninformed or uneducated, unengaged voters, and I don't think moving it to this proposal would change that as far as who's actually voting. I mean, they say they're voting less, but the ones that wanna vote will vote. I mean, it's it's our it's our privilege to be able to vote. If people don't wanna take advantage of their of their privilege of being in this country to vote, then that's up to them.
Other discussion. Mark?
Yep. I'm just Evening your elections would subordinate county specific races to the intense focus of presidential, congressional, statewide contests, reducing voter attention to the local issues, candidate qualifications, county governance priorities. So preserving odd year elections maintains a dedicated electoral forum for local matters, ensuring more informed and focused decision making by the electorate without the dilution of the inherent and the dilution that is inherent in high profile multilevel ballots.
Debbie? I thought it was particularly notable that young Americans, in particular, are having extremely low rates in these odd year elections, whereas they are showing up for the even year elections. I I think it is problematic to not ensure that younger folks are getting access to the ballot in the easiest way possible. They're the ones who are most invested in the future, which is our policies are gonna determine their future. I I'm not a political scientist.
I appreciated the professor's, data from a political science lens, but I do have expertise in marketing. And I know that you don't sit back and wait for your your customer, who in this case is the voter. Don't wait for them to come to you when it's convenient for you. You bring the product to where your customer is. And in this case, we have solid, evidence that our customer, our voter, they are showing up in those even year elections.
So we should be bringing our elections, our elected office to where they are showing up. I think it is an insult to the voter to imply that a longer ballot is untenable, that our voters are not intelligent enough to navigate a longer ballot. I will be voting yes for this.
Any other discussion? Robin?
Yeah. I just wanted to mention as well. I I did appreciate those studies that that, came out, via email, I think about a month ago or so. And and I did wanna mention that the the organizations that were supportive of moving to even your elections, they were bipartisan. They were very far right, very far left, very centrist across the board.
These in these places, they saw an increase in in voters. And, frankly, I feel like, for those folks who are who aren't dropping off in a majority or not, when they get to their their voter pamphlet, they start voting, and now they're reading about who's running for who's running for county council and who is this person. And I think that's fantastic. People should be looking into these folks and reading about them. So I will be voting yes.
Other discussion? Mark?
Yeah. Just a follow-up. The marketing example was great. I'm also in in advertising marketing, and it it brought to mind that front page and page three, if you ever advertise within any publication, are always more expensive. There's a reason for that. More eyes, more attention. As the as the reader of the paper goes through, they they fall out, less attention, less time. That's why those premium spaces are premium. That's the same effect that we're talking about when you add in The National, the big the big name people, the president. Those those are those are gonna take the attention.
They're gonna bring the people out. That's what we see happen. It's not because well, I think I should stop there. I'll be voting no on this one.
Okay. Great. I will call for the vote. Peter? Player?
No. Vanny? No. Gregerson?
Yes. Sorry. I got distracted on what we were still on. Yes. Chatters?
O'Donnell? No. Cass? No. Decker? No. Preston? Dodd? Yes. Mankey?
K Mink? No. McGee? Yes. Eslick? No. James? No. Galey? No. Five yes votes.
Alright. Let's go to proposal five. Proposal related to making the offices of county executive, county prosecutor, and county council member nonpartisan. Ben, you have the floor.
Thank you. So this proposal or proposals of this type, we have at least three other charter counties in Washington that have made the switch or started with this proposed outcome. So I I have no concerns with the legalities of completing this change. I did propose language that, I thought would be the most concise for what, was in the proposal, and that is, all elected to county offices shall be nonpartisan, and all candidates for county office shall appear on the local ballot without any political party designation. And that was congruent with the amendment.
I took out the sections that it applies to all county offices included but not limited to because all elected county offices covers all of those things. And all section d on the proposal, all candidates and elected officials remain subject to applicable disclosure reporting, and that is that is already in effect. That is while that's in effect, so that would be redundant to add that. So that is that is the language proposal that I have as it stands now.
Okay. Questions for Ben.
Yeah. So we've had a fair number of county positions get appointed appointments to be filled. How does this change that appointment process? Because right now, it's up to the parties to submit candidates. So I'm wondering if you can walk us through that.
Yes. The process then would be that the county council actually takes that up. So they choose generally, it will be an application that is put out. So rather than coming so those candidates, generally, as you said, would come from the the party that the sitting council member that has has vacated left, and the the party would then put forth, I think it says three two or three names to the county council. In this case, it's more of an application period, so it's an open application generally.
It's not prescribed. That's exactly how it has to be done. But the the proposals will come just from the public themselves to the county council, and then they vet those, and we'll we'll make that determination.
So Is there oh, sorry.
I I was gonna say, so, Ben, that's set in RCW for nonpartisan positions already. That's that's how it's already because that's how we do it at at the city level.
Yeah. Yes. And So
so it just would revert to nonpartisan positions. This is how they're filled with Yes.
Yeah.
Is there any requirement I guess, is the county council held to any requirements in choosing who to fill? I guess I'm thinking right now, if you are a Democrat or Republican, your party nominates someone who ostensibly shares those values that the voters chose, but it would then just be up to the majority of the county council to pick the replacement. And it would be from whoever lives in that district. Correct.
Okay. Peter?
I was just gonna say that in 2015, the county council did appoint a sheriff, which is a nonpartisan position, and there is a process that they laid out to appoint that sheriff so that may be a framework to use.
Yeah. Peter. And that's Alright.
Generally how it would be is they would they would choose that.
You're Peter, you're Patrick,
and whoever on the end. I actually like going to the nonpartisan because it does allow an individual who may not be in a position to actually run a full campaign to be selected for a short period of time, three months, six months, nine months, twelve, however long it may be, and get experience legislating and governing. And then the people can decide whether they like what they did or what they didn't do. So the people still have a say about it, But it it is a great low entry bar for someone who is interested in serving in one of those roles. We had to make a lot of appointments at the city.
And, actually, we found that the voters by and large in fact, I think the voters have approved everybody that was appointed, and then they carried on. But it does give an opportunity in person who doesn't have a large political machine or a lot of money to apply for position based on their resume, based on their qualifications and their interviews, and be appointed to the position, which then can allow them to further whatever they're interested
in that space. So I really like it. Ben, question for you. Under the city council procedures, if the city council doesn't take action within ninety days, the county council chooses, how does that what happens in this case? What's that?
In the city process, if it goes to the county council, the county council gets ninety days. And if they can't do it, it goes to the governor. So I assume it just goes to the governor after ninety days.
I I don't recall offhand because I don't know that that was explicit in how
In in the RCW?
Yeah. In the RCW, how that process works. Okay. So that is something that I can
Take a look at.
I can get back to you on that. I don't recall that specific piece.
Can get a motion on this? So moved.
Second.
So I have a motion and a second to forward proposal five. Discussion on proposal five. Tammy.
Thank you, Brett. I am not so wedded to the nonpartisan versus partisan designation of the office. Although I think there I think that there may be some issues around disenfranchising PCOs and disenfranchising folks who put someone in that position that aligns with their political views and then having the opportunity for the council to disregard that and replace someone in that seat that maybe doesn't align with the views of the people who elected the person of that seat. So I think there may be some issues there. My issue is that this obscures party affiliation, which is a critical critical data point for every single voter when they are trying to make a decision on who they are going to support.
Parties have platforms that are very well articulated. The public wants to know what they are. They wanna know what the values are. This obscures it. And the public brought forward an amendment that would have cured that point, that would have made it so it wouldn't matter. You can designate it partisan, nonpartisan, and this commission said no to that. The public wants more transparency, including political affiliations. It is not divisive to know someone's political history. It is not unfair to know someone's political history. It is a matter of these folks are asking the public to hire them for a job.
The public has a right to know their history. This amendment, it obscures it, and I would have thought it was unintentional except for the fact that the public brought forward an amendment that would have cured this. We have an opportunity to modify the language to cure this, and there does not seem to be an appetite for that on this commission, and that seems to be along party lines. So I will be voting no for this.
And the answer to that is the governor does appoint after sixty days. Amanda.
Thanks for looking that up. I struggle with this one. I like to have information as a voter. It is annoying to go look at who contributes to a campaign to find out where they align instead of just having it in the pamphlet. I do wonder we just had a pretty robust discussion about people wanting voters to be informed. So as we discuss, I think especially especially for people who supported that one and not this one, which takes away information, I would just love to understand the nexus of why audio elections make more informed voters, but taking away someone's party alignment makes better voting. It it just doesn't track for me, and that's what I'm struggling with here.
K. Sean?
I think the main answer to that is that the survey I saw said 36% of the people don't align with the party. And so if you're one of those candidates that that, you know, have supported different people over the years from different political parties, the way it's set up right now, you don't have a chance if you don't have an r or d next to your name. So, you know, if you're an independent, put that down. You're not gonna win anything. Maybe maybe this will change that.
Can I just get some clarification that we can't design any other way for selection for a vacancy? Let's say, maybe there could be an application process, but it's the mayors from that district that then vote and present a candidate. That way, it is somebody who's representative of the of the county district in terms of talking about, like, council members.
That would disenfranchise voters in unincorporated areas.
Yeah. That's true. Mark, good good intention, bad execution. Go, Mark.
And it and it'll be contrary to the.
I just wanted to say that I heard I heard the commissioner just say that this obscures party affiliation. Yes. It does. That's the purpose. And that this this seems to be promoted by party lines. That's interesting because this is a nonpartisan commission. How do you know that? We're operating just fine. I'm just saying this is proof positive what we're talking about. It works. And if you wanna know party lines, you wanna know who's what party, what your affiliations are, it's out there for you to find out and to see. It's very, very easy to find out. We're not making it more difficult. We're actually making it more transparent and easier for people to to run for office and to get right people in based on the issues.
Robin?
I I don't understand how to square the or intentionally obscuring information while also saying we're making it more transparent. So that doesn't that doesn't make sense in my brain. I I also like the idea of having a website where we can go and find out where our government money was being spent. Like like, I love that. And the argument for that, even though that information's available, is because it's hard to go and find that information.
But then we're saying, let's make it harder for people to find out political ideologies. Let's make them go look it up. So those things don't make any sense. I I like the idea of more information for the voters. I I hate the idea of not telling people if there is a political affiliation, we should know what that is.
And if all of a sudden you want to be independent, knock yourself out and file as an independent, if you really are with a party. And also, political parties, Democrats, Republicans, they both endorse non in nonpartisan races all the time. So it's not like it's not like you can't put that next to your name, and that does help people understand who you are. And the reason that they go to those parties to get that endorsement is so people know who they are for those nonpartisan positions, but it doesn't tell the whole story. The voters' pamphlet information, that's due in May.
And for a lot of folks, it's really hard to get through all these endorsement processes in order to to get that endorsement before that filing period. And so that doesn't that doesn't even help. So, anyway, I will be voting no on this. I like more information for the voter, and not less. I don't want to obscure information. And it also, doesn't cost anything to give them that information.
Gina?
I was just going to say that I think trying to have these, I'm all for this being nonpartisan. Because I think there's many policies, especially at the county level, that are just human policies. They're not party partisan policies, and you're just there to make good choices. If you've been associated with one of the parties in the past, that doesn't necessarily mean that that defines who you are fully. I mean, I think you can be, you know, just making good decisions.
Like I said, as much as I've doorbelled, I felt like 90% of the people agreed to 90% of the local issues. So there's no need to put this divisiveness by a label versus just being your neighbor who's helping to run the county?
Jennifer.
Two quick things. One, the current system isn't specifically two party. Like, you can put any party identification down on the ballot as your identification. Second, I think this is the most partisan proposal that we have looked at and considered, and I'm I'm a strong no.
Amanda?
Just commissioner Cass, to your point, if you have been associated with the party and people do change parties and parties change, putting your party down when you're running for a different office tells people that you've changed. Otherwise, you go Google, okay, someone ran as a Republican for state rep ten years ago. That must be their party. It actually helps clear that up to have your declared information. And it's a free form field.
I one of my joys in life is to look at the gubernatorial primary because the party names that get put in there are very diverse and creative. So just to keep in mind, this lets you set that record without leaving it up to everybody doing their own research. To your to your point, commissioner James, this is a nonpartisan commission. Nobody put their party affiliation when they registered to run, but we can all look each other up because the Internet is cool. So that's how you know. So if you don't have a chance to say it, people will decide for you. And that does happen to moderates and independents constantly. So hence the confusion. Carolyn?
Thank you. So I'm probably the only one that's lived through both, nonpartisan mayor for almost ten years and then almost ten years at the state level. That was the best training ground I ever had in the nonpartisan world. Because when I went down there, I saw both sides. I could work with both sides. It really helps make decisions when you are in that nonpartisan world. I agree with commissioner O'Donnell. When you put independent on that ballot, you don't get a chance in office. People do look at who you are, and you're absolutely right. People can look you up, so there's no need to have the party on that list. So I am definitely a yes on this.
Okay. Ben's hand is up.
Just for what'd you say, Peter? Who's this? Ben. Oh, Ben. Ben. Ben, your your hand looks like the sun, so I missed you.
Sorry about that. One question and then comments. If we wanted to use the language outlined by the commission attorney, do we need to do an amendment for that?
That that was gonna be my question is what is our step on this? Is it is it no action and it goes to a public hearing and then action's taken? What's our step on this?
Those steps are not set out specifically. One of the things that I was going to mention is with all of these proposals, there's language that we may that the commission may vote on now. That language still has to go to the the county prosecutor, and they may adjust that language and say, this title, for instance, if we I think if we had the super majority title go, it's likely they would say that's more than a super majority. That would confuse, and so that needs to change. So as we as the commission votes on any of these things and the language in there, this is the language that will be proposed, but that does not mean that's what's going to be final because the county prosecutor's office still will look over those to make sure that it's it meets the guidelines for a ballot language and, you know, not confusing and all of those things.
And just just for clarification, this one has not had an eight vote vote done.
It's not had an eight vote. Okay.
Correct.
David. Ben is still
going. He had a question.
Oh, Ben, were you still going?
I'm sorry. I just wanted to make a couple comments. I I am supporting this one for a couple reasons. One, people are not all of column a or all of column b. We we like things from both columns. So to assume that somebody is a Democrat or Republican, unless they say they're independent, it's just wrong. It's just wrong. Secondly, if we're relying on party endorsements, those are being done by a very small group of people who have volunteered for a leadership position in a party. And those folks tend to be on the more extreme end of each side. So we're gonna only gonna get voters who a small number of people who don't represent the broader demographic or the broader, you know, party inclusion, people who tend to vote one way or another.
We're not getting those representative folks. We're getting the people who a small number of people think should be on the ballot, and I think that's wrong too. I think the voters should decide. Each candidate should come. They should say what they're for, what they're against, how they will fix things, or how they won't fix things, and let the voters decide. A letter is not gonna do that. A letter doesn't tell you who somebody is. It's what they say, what comes out of their mouth, what their character is, and what their history is. So let them tell you, do the research, and make your decision. Don't let a specific party, a small group of people from a party in a letter dictate how you vote or who ends up on the ballot.
Good stuff. And I do have a clarification, question. If this passes, do we need to relook is there primary election language that needs to be looked at?
if they're if it's a nonpartisan plate?
Yeah. Okay.
Okay? If Oh, that that's correct. You're right. You're right, Amanda. That makes sense.
Looking through, the existing county officers, maybe we should be having a proposal that says all of them should be partisan because the majority of them are part are nonpartisan right now. So all we're doing is folding three more into the five that are existing nonpartisan, and it makes it more consistent in my eyes. But wait. There's more.
No. I I was gonna say so so best practice in in governance and elections is policy making positions. Partisan is meant to show you what is the party. Right? Like, you again, in this state, you get to pick, fill in a field. It's not a d or an r. It's whatever you want. But the positions that are nonpartisan now are intended like, sheriff, you don't enforce the law differently if you're a Republican or Democrat. You either do or you don't. If you're the sheriff, you probably should. Right? So it's policy making positions that are still partisan. So that was kind of the intent behind that pass measure, if that helps.
Okay. So on this, we need a motion to move it forward to vote of eight to a public hearing. Is that correct, Peter?
Just needs an eight vote to go to the ballot. I hadn't heard that. Like the rest we've been doing tonight. But
it goes to public hearings though.
But we still need a public hearing.
Everything needs a public hearing.
Yeah. Everything goes to the public hearing.
Yeah. So the the way that the process that, as I understand, determined by this commission was five to a preliminary legal review. From there, it goes to seven votes for a comprehensive legal review. From there, it goes to eight votes, which means it moves on to the ballot.
Okay.
That does not there was not set that at the eight votes, this is the exact language. This is, everything is set, but that it moves on to the ballot.
Okay. So we have not approached the eight vote vote on this vote yet, have we?
Correct.
So To
move to the ballot. Yeah.
But We did seven. We've only done seven. Yeah. So if we could get a motion
There's already a motion on the
On proposal five, there is already? Okay. Amanda.
So we have a policy at the city. We do not finalize, like, say we're gonna put this anywhere without a public hearing. It does feel disingenuous to say we're putting this on the ballot when we haven't had the public hearing yet. Can these three that are ready for the final vote just be our first public hearing next time?
Right. And I agree with you Mhmm. That it needs a public hearing before we say yes. I agree with you. That's so with that in mind
Ben's hand is up.
That would also include Ben. 21.
Go. I was gonna say if we need to change the language per what the council attorney said, I would like to make a motion or amending motion to do that so that when it does go to public hearing, we're listing what the language is rather than what we currently have.
Did we wanna take that as guidance, or do you need an amendment?
No. I I think, really, what we could do because the the vote says this moves to the ballot the ballot process. Right? So that process is developing the language and everything that goes with the ballot. So we we have that process. The public hearing would not it would not gloss over that. Right? So it's not a public hearing just for the sake of having a pub public hearing. It's a public hearing so that this is presented. This is how it's going to look on the ballot.
This is the language, and then we have the public hearing. That can also be, at that point, revisited to say, we need to change this. We need to change that because that's the same thing that will happen with the county prosecutor. Right? It'll go to the county prosecutor after those public hearings. They can determine whether this language fits the proper guidelines for having it on the ballot, whether it's neutral, whether it's language is confusing or not confusing and and concise and understandable.
Okay. So so I I guess my concern is the public hearing is the last opportunity for the public to weigh in. And so then if you don't have a last vote after the weighing in of the public, then how does this how do how do we meaningfully take in their input? We do. We do. Can't we just table it till after
Sorry. Can't we just table this till after the public hearing of these three and then take them up after the public hearing?
And I'm totally okay with that to take action after the public hearing on a tabled motion. So I move
we table this item until after the Jennifer Sanders Hold on. Sorry.
Just to maybe it's a point
of order. I don't know.
Aren't our next three meetings public hearings?
They they can be if we have public hearing ready.
I was told at the beginning of this meeting that they were.
They have all been noticed publicly.
Hearing on each proposal individually.
Maybe my question is well, this is a good question to ask then. Is the notice that we have issued I mean, like, clearly, the notice doesn't say, you better come to this meeting about these three issues because we've had a lot of debate tonight, and some have died, and and then others are continuing. So folks could come at this point to any of those three meetings, including the final meeting, which is our very last moment to advance things. It just isn't like, process isn't is interesting at this point if we, maybe I'll just re raise the issue that I that I brought up. I don't remember when, not super long ago, a couple weeks ago, but maybe the the chair might want to contemplate how to resurrect things that we've received public comment on at these final three public hearings right up until May 27 since that's the last public hearing that that the staff have scheduled.
Okay. Amanda?
I I was gonna say and I think we all have different experience with governance, but the public hearing on a specific proposal will just be an agenda item. So it's not gonna be like we always have public comment. Anybody can come and talk about anything, but the public hearing will be like, okay. This is a public hearing on proposal five. Talk only about proposal five. So I guess what what I was thinking is in the next meeting, we would have three public hearings on May '13.
Nine's dead.
Fair. I was looking at the agenda. Nine is dead. On five and thirteen, and then as we move these other ones forward, we would get to where we're ready for the public hearings. But it it's not a free for all the next three meetings. It's set agenda items for each one that is at the public hearing. Right?
That is under the assumption 13 moves forward because we haven't dealt with that yet.
Okay. So can I get a motion to table this for a public hearing?
So move table until after the public hearing?
Well, it would be part of a public hearing. And then Because because at the end of the public hearing, you would take action. Fine. And that would be this motion. Great. Okay. I have a motion to table and a second. Any discussion on the motion? Hearing none, all those in favor? Aye. And any opposed? Okay. Let's go to proposal 13 that is actually still alive but could be dead. Proposal regarding what do you got, Mark?
I was gonna say point of order. Yeah. Just just clarification on the three already. We've got two tabled and one pass from the first set this more this morning. Feels like a long time ago. Correct. Those are also we just voted those as well. Right? Those are also going to be going to public hearing and voted on
immediately afterwards? Nope. So next week, you'll take up fourteen, twenty one, and 22 as regular agenda items. 21 passed. The other two
were tabled. Right. So we don't we don't know what we voted passed for on that one unless it's to go we thought we were voting yes to go through to the ballot when we
said yes on it on 21. 20. Okay. So 21, you could do a public hearing on. Fourteen and twenty two will be regular agenda items. Gotcha. Okay. Is that Yeah. Is that clear as That makes sense.
Yeah.
Clear as the stilly? Alright. Amanda.
I did wanna ask for especially when we're having a public hearing, can I understand it's hard to build these agendas, but we got this last one yesterday? Can we get to the public widely available what we're having public hearings on? Like like tomorrow, just post these are the ones we're having public hearings on next week. Peter.
Yeah. The difficulty over the last few weeks has just been the rapid fire of new information, new studies, new memos. So we don't need that going forward. So, yes, realistically, we could publish an agenda tomorrow. So Yeah. I can't promise that, but we can get it this week.
What I
just heard, Peter. Okay. I
heard you promised.
I heard it. Okay. We're on proposal 13. Ben, you have the floor.
So, again, the the, state constitution gives wide latitude to what this commission does. This is one of the amendments that falls under that ability. The one concern that I had, because there is that broad authority that the Charter Commission has, The proposal does specifically bind the legislative budget authority in a way that takes the discretion away from the county council and the executive branch. So that is concerning. That's first piece in the proposal.
There are four specific points that were in the proposal. And that first one is the one that is concerning that way. That is the
where did we have that?
For Here we go.
Yes. Just for everyone's sake, do you need to get out of here in, like, four minutes?
So the the first bullet point fully funds the offices offices of accessory yada yada yada. The concern there is the term fully fund is very likely to be legally indefensible. So to one person, fully funding is one thing. To another person, fully funding is another thing. So it is very broad, which may be the the purpose that it's listed that way so that it gives the council that discretion.
But something that I think makes that more concise or less ambiguous as to what that means to fully fund. Because I think the conversation was had here earlier, does fully fund mean everything that the department wants or to meet the the basic minimum standards that are set.
Okay. And I'll be honest on 13. I like the idea. I don't know how it's executed, and I'm not sure that Brian could tell us either.
Yeah. I was a sponsor on this, and I'm and and further light, I'd I'd I'm not gonna support this one.
Okay. Do I have a motion to to move? Oh, okay.
Yeah. So, on the last point, the the second page, it says, core administrative and financial functions necessary to deliver these services required by state constitution, RCW, and Snohomish County Code. That to me means that's what it is fully funding these offices that we've told to do the these jobs as defined by the constitution, the RCWs, and subchemic kind
of code.
Is that not adequate? Or, like, that doesn't that that seems clear. The language seems clear to me. It may be not to everybody, but that's what
it Yeah.
It it doesn't make it any less ambiguous. I mean, it gives some direction to what that means. It just doesn't make it any less ambiguous. So, again, the the interpretation of what does fully fund mean, even though those core services, does that mean if the police department needs or says they need to add so many officers, do we just automatically do that because that would mean fully funded?
So those statutes don't say what that means. Like, it it says, like it's kinda like you need one officer for every a 100 residents. Right? Like, it's not defined. So it's still debatable what fully funded is.
Any other questions for Ben? Jamie?
Question. So one I was discussing this just in the community trying to resolve that issue that you raised about defining fully funded. And so one of the examples that we found is the Washington School Funding Law, which says that the state's basic education program shall be considered fully funded when the legislature appropriates the dollars needed to meet the program requirements and salary requirements. So could we resolve this by looking into existing language in the law around what fully funded means? That's I guess my question.
And my other question is for this commission, do we have an appetite for tabling this one so we can actually have a full discussion before we move any direction on this?
So I can answer your question to me quickly. That's a policy decision. Right? How you want to develop that language, my responsibility would be to make sure that language matches what is is wanted in that in that sense. So that is possible. Yes.
Looking for direction. Go ahead, Amanda.
So I move that we table this. And and just like the other proposal, I don't know what number. We offer the Brian Sullivan the chance to come and talk with us about it to help define it.
Okay. So I have a motion to to table and I have a second. Any discussion? Hearing none, all those in favor?
Aye. Aye.
Aye. Any opposed? Okay. So the agenda for next week is fourteen and twenty two regular agenda as well as well, and four, five, and 13 on well, thirteen would be regular agenda as well. So five and five and four are are whatever. One and Five. Five are on public hearing. So we can appreciate it.
Four four you said
And location is Arlington, beautiful city
of Dead.
Hall. Don will have barbecue, mac and cheese, and slaw
for we
will be without our chair. Okay. That's very possible.
Motion to adjourn.
Motion to adjourn. All in favor?
Aye. Aye.
Any opposed?
Agreed.
This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.