A RESOLUTION submitting a proposition to the qualified electors of the City, at the general election to be held on November 5, 2002, to amend Article IV, Subsection 1B of the Charter of the City of Seattle to modify the requirements concerning the twenty (20) day time period allowed for the City Clerk to transmit an initiative petition and his or her report thereon to the City Council so that said time period commences with receipt of the verification of the sufficiency of petition signatures; calling on the City Clerk to certify the proposed amendments to the Director of the Department of Records and Elections of King County and directing such Director to submit the proposition to City voters; and providing for the publication of such proposed amendments.

WHEREAS, Article IV, Subsection 1B of the Seattle City Charter requires the City Clerk to cause the verification of the sufficiency of the signatures contained on a citizens' initiative petition; and

WHEREAS, Article IV, Subsection 1B of the Seattle City Charter further requires the City Clerk to transmit such a petition with the Clerk's report on the verification to the City Council at a regular meeting not more than twenty (20) days after the filing of the petition; and

WHEREAS, current Washington State law (RCW 35A.29.170) provides that the responsibility for verification of signatures to determine the sufficiency of such citizens' petitions rests with the County and verification of signatures, and the timeline for such verification, is not within the control of the City; and

WHEREAS, State law (RCW 35A.01.040(4)) currently requires the City Clerk to transmit such petitions to the County within three working days after the filing of the petition; and

WHEREAS, State law (RCW 35A.01.040(4)) currently requires that "the [County] officer whose duty it is to determine the sufficiency of the petition shall proceed to make such a determination with reasonable promptness . . ."; and

WHEREAS, the City Clerk cannot report to the City Council concerning the sufficiency of initiative petitions until he or she has received verification of such sufficiency from the County officer charged by State law with making such a determination; and

WHEREAS, the Charter provision requiring the City Clerk to report to the City Council concerning petition verification at a regular meeting not more than twenty (20) days after the filing of the petition thus purports to require something from the City that it potentially cannot provide; and

WHEREAS, the City's potential inability to fulfill the provision of the Charter requiring the City Clerk to report to the City Council concerning petition verification at a regular meeting not more than twenty (20) days after the filing of the petition arguably may leave the City exposed to potential liability for things beyond the City's control; and

WHEREAS, while Washington State law regarding the timeline for the verification of signatures may change from time to time, the City will comply with the state law in effect at any given time; and

WHEREAS, modifying the City Charter to comport with state law would create uniformity between these two bodies of law and greater legal clarity;

NOW THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Subject to the approval of a proposition by a majority of the qualified electors casting votes thereon, Article IV, Subsection 1B of the Charter of the City of Seattle is amended as follows:

ARTICLE IV. Legislative Department.

Section 1. ***

B. INITIATIVE AND REFERENDUM; HOW EXERCISED; PETITIONS; VERIFICATION OF SIGNATURES; COMPLETION OF PETITION, CONSIDERATION IN COUNCIL:

The first power reserved by the people is the initiative. It may be exercised on petition of a number of registered voters equal to not less than ten (10) percent of the total number of votes cast for the office of Mayor at the last preceding municipal election, proposing and asking for the enactment as an ordinance of a bill or measure, the full text of which shall be included in the petition. Prior to circulation for signatures, such petition shall be filed with the City Clerk in the form prescribed by ordinance, and by such officer assigned a serial number, dated, and approved or rejected as to form, and the petitioner so notified within five (5) days after such filing. Signed petitions shall be filed with the City Clerk within one hundred eighty (180) days after the date of approval of the form of such petitions. Upon such filing, the City Clerk shall cause the verification of the sufficiency of the signatures to the petition, and transmit it, together with his or her report thereon to the City Council at a regular meeting not more than twenty (20) days after the City Clerk has received verification of the filing sufficiency of such signed petition, signatures from the officer responsible for verification of the sufficiency of signatures under state law, and such transmission shall be the introduction of the initiative bill or measure in the City Council. If the Clerk shall find any petition, which, upon filing had a sufficient number of signatures, hasto have insufficient verified signatures, he or she shall notify the principal petitioners, and an additional twenty (20) days shall be allowed them in which to complete such petition to the required percentage. Consideration of such initiative petition shall take precedence over all other business before the City Council, except appropriation bills and emergency measures.

Section 2. The King County Director of Records and Elections, as ex officio supervisor of elections, is hereby directed to submit to the qualified electors of the City the proposition set forth below at the City general election on November 5, 2002.

The City Clerk is hereby authorized and directed to certify the proposition to the King County Director of Records and Elections in the following form:

CITY OF SEATTLE CHARTER AMENDMENT NO.____

Time Period for Transmitting Initiative Petition and Signatures

The Seattle City Council has adopted Resolution concerning a proposed amendment to City Charter Article IV, Subsection 1B. This measure would modify the Charter provision to require the City Clerk to report to the City Council concerning the sufficiency of initiative petition signatures at a regular meeting not more than 20 days after the Clerk receives verification of the sufficiency of such petition signatures from the officer responsible under state law for such verification. The Charter currently requires the City Clerk to so report within 20 days after the filing of the signed petition.

Should the proposed Seattle City Charter amendment be:

Approved . . . . . . . . . . . . . __

Rejected . . . . . . . . . . . . . .__

Section 3. The City Clerk shall certify to the Director of the Department of Records and Elections of King County as Supervisor of Elections the charter amendment proposed herein in the form of a ballot title conforming to the foregoing statement of the same, with any alterations the City Attorney shall deem appropriate in carrying out his duties pursuant to RCW 29.27.066, and shall certify a copy of the proposed Charter amendment, and the same shall be published by the City Clerk in two daily newspapers in the city for at least (30) days prior to such election, as required by the City Charter, and as required by RCW 35.22.170.

Section 4. Should the voters approve both this proposition and the proposition being submitted at the same election to amend Article IV, Subsection IB, of the Seattle City Charter to modify the requirements concerning verification of the sufficiency of initiative petition signatures, then both the modifications made by that other proposition and the modifications made by this proposition shall be given effect.

Adopted by the City Council the _____ day of _______________, 2002, and signed by me in open session in authentication of its passage this _____ day of _______________, 2002.

___________________________________

President of the City Council

Filed by me this _____ day of _______________, 20___

___________________________________

City Clerk

(SEAL)

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