July 16, 2009 in News

Charter change has enough signatures

‘Bill of Rights’ headed for ballot

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Envision Spokane turned in more than enough signatures on petitions for a proposed City Charter change to put its Community Bill of Rights on the November ballot.

Spokane County Elections Manager Mike McLaughlin reports this morning the office finished the final verification process about 9:30 a.m., and will certify the results at 2:30 p.m. After that the office will send formal notification to the city.

The group turned in petitions with a total of 5,097 signatures, and needed at least 2,795 of them to be from registered city voters. Elections workers checked 4,019 and verified a total of 2,891 before finishing late Wednesday. That’s a rejection rate of about 28 percent, which is “right in the ballpark” for most petitions, McLaughlin said.

Three comments on this story so far. Add yours!

• 

  skeugster on July 16 at 6:57 p.m.

  Letter to the Spokane City Council, July 16, 2009

  City Council of the City of Spokane:

  Re: Ballot Title and Summary of the Measure for Initiative No. 2009-2

  Now that sufficient signatures on Initiative No. 2009-2 have been validated by the Spokane County Auditor, the Spokane City Council must take another step. This step is set forth in SMC 2.02.100, which provides as follows:

  Section 02.02.100 Council Action on Validated Initiative Petition
  A.At the hearing on the validated initiative petition the initiative ordinance is given final reading.
  
  B.Unless a motion is made and passed to grant the petition and pass the measure as requested in the initiative petition, the city council adopts a resolution to place the measure on the ballot at the next available election.
  
  C.If a preliminary version of the proposed initiative measure was not previously filed with the city clerk, as permitted by SMC 2.02.030, then the city council adopts a ballot title and summary of the measure as provided in SMC 2.02.040(C).
  
  D.Unlike a referendum petition, the mere filing of which operates to suspend the referred ordinance, as provided in Charter Section 83, the filing of an initiative petition has no legal effect unless, and until, the measure is passed by the city council or by a majority of the City electors.

  Note subparagraph C. — “If a preliminary version of the proposed initiative measure was not previously filed with the city clerk, as permitted by SMC 2.02.030, then the city council adopts a ballot title and summary of the measure as provided in SMC 2.02.040(C).” [Emphasis added.]

  The proponent of Initiative No. 2009-2 did not use the optional initiative filing procedure of Spokane Municipal Code, SMC 2.02.030. Therefore, the City Council now has the task of coming up with a ballot title and summary of the measure.

  Your task should be interesting: One wonders how any rational being will be able to come up with a ballot title which says that what is in the initiative is a single subject. And, the summary of the measure, no matter what you would come up for the ballot title, will have to show and explain that the initiative covers several subjects – a number of separate rights which are being provided to separate classes of persons and entities in what are really separate amendments to the city charter of the City of Spokane – indeed, a veritable grab bag of “good things.”

  Just so you do not get into a fog of generalization because the proponents call some of the changes to the charter to be a “community Bill of Rights” it might be useful to recall that the real “Bill of Rights” was constituted a bill of separate amendments to the United States Constitution, were rights which limited the power of government over the citizen, and were not adopted under a constitutional provision that limited the subject of a bill to a single subject.
  
  I think you will find that you will be remiss if you do not mount a pre-election challenge Initiative No. 2009-2. It clearly does not follow the procedural requirements of the Spokane City Charter, the single subject requirement of City Charter Section 13.

  Attached you will find the materials I presented to you on July 13, 2009 and a copy of the Initiative.

  Steve Eugster

• 

  George_Sands on July 16 at 11:17 p.m.

  After researching Mr. Eugsters posting, I believe he is correct. However the only method to challenge the City Council would be to file an initiative to recall them for their failures to comply with the law.

  Regarding the initiative. You can fool all the people some of the time, or you can fool some of the people all the time. This initiative falls somewhere in the middle.

• 

  Ron_the_Cop on July 17 at 2:25 a.m.

  George on this one I’m in agreement with you! You can read more here:

  http://www.spokesman.com/stories/2009/jul/15/council-leaves-voters-to-envision-viable-future/?comments#c51722