A RESOLUTION submitting a proposition to the qualified electors of the City, at an election to be held on November 7, 2006, to amend Section 3 of Article IV of the Charter of the City of Seattle to clarify the number from which a quorum of City Councilmembers is calculated; calling on the City Clerk to certify the proposed amendment to the Director of the Department of Records and Elections of King County and requesting and directing such Director to call a special election and submit the proposition to City voters; and providing for the publication of such proposed amendment.

WHEREAS, Section 3 of Article IV of the City Charter currently provides that "a majority of all [City Council] members shall constitute a quorum"; and

WHEREAS, the definition of a Council quorum in Section 3 of Article IV of the City Charter is ambiguous, and could arguably be read to mean either a majority of members holding all nine council seats, or a majority of those members actually serving on the Council if fewer than nine; and

WHEREAS, if the Charter is read to mean a majority of all nine Councilmembers, it is possible that during an emergency there might not be sufficient Councilmembers to establish a quorum and conduct business, including appointing interim Councilmembers to fill vacancies; and

WHEREAS, it is critical that the Council be able to conduct business during an emergency; 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 Section 3 of Article IV of the Charter of the City of Seattle is amended as follows:

Article IV. Legislative Department

* * *

Section 3. QUORUM:

Subsection A. IN GENERAL:

(1) A majority of all members shall constitute a quorum, but a less number A quorum shall consist of a majority of all nine Councilmembers, except as set forth in Subsection B of this Section 3.

(2) Less than a quorum of Councilmembers may adjourn from day to day, or until the next regular meeting, and may compel the attendance of absent members in such a manner and under such penalties as the Council shall prescribe.

Subsection B. SPECIAL CIRCUMSTANCES: Under any of the following circumstances, a quorum shall be determined under this Subsection B:

(1) Except when Subsection B(2) applies, in order to select a person to fill a vacancy on the City Council under Article XIX of this Charter, a quorum shall consist of a majority of those Councilmembers holding office at the time the Council makes the selection, and for such purpose a majority of such members holding office at the time the Council makes the selection shall constitute a majority of the Council.

(2) During a declared emergency under Article V, Section 2 of this Charter, a quorum shall for all purposes consist of a majority of all those Councilmembers who are available to participate in Council meetings and are capable of performing the duties of office, and a majority of such members available to participate in Council meetings and capable of performing the duties of office shall constitute a majority of the Council.

* * *

Section 2. The King County Director of Records and Elections, as ex officio supervisor of elections, is hereby requested to call a special election and is directed to submit the charter amendment proposed herein to the qualified electors of the City at the election on November 7, 2006.

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 prepared by the City Attorney pursuant to RCW 29A.36.071, and shall certify a copy of the proposed Charter amendment, and the same shall be published by the City Clerk in accordance with state law.

Adopted by the City Council the _____ day of _____________, 2006, and signed by me in open session in authentication of its adoption this _____ day of ________________, 2006.

________________________________________

President __________ of the City Council

Filed by me this ______ day of _________________, 2006.

________________________________________

City Clerk

(Seal)

RH:gts

07/21/06

Charter Amend Quorum Reso v2.doc

(Ver. 2)