Resolution _______

A RESOLUTION rejecting proposed Initiative No. 75 and ordering that it be submitted to the qualified electors of the City at a special election to be held in conjunction with the statewide primary on September 16, 2003 together with any substitute measure dealing with the same subject passed by the Council.

WHEREAS, the petition signatures that caused Initiative No. 75 to qualify for introduction and consideration by the City Council were submitted to the City Clerk on September 20, 2002; and

WHEREAS, the City Clerk forwarded the petition signatures to King County Records and Elections for validation and determination of sufficiency; and

WHEREAS, King County Records and Elections found the petition to contain sufficient valid signatures and issued a Certificate of Sufficiency to the City Clerk on October 7, 2002; and

WHEREAS, pursuant to the City Charter, Article IV, Section 1. B, the City Clerk presented the City Clerk's Report and Certificate of Sufficiency to the City Council at its regular meeting on October 7, 2002 in Clerk File 305416; and

WHEREAS, the City Council accepted the introduction of the Clerk File and referred it to the Full Council for deliberation; and

WHEREAS, the Seattle Police and the City Attorney currently treat cases involving possession of marijuana for adult personal use (that is, possession of a small amount of marijuana with no intent to deliver and for the sole use of the person in possession) as a low law enforcement priority; and

WHEREAS, the City Council understands that state law requires all law enforcement personnel in the state (including the City Attorney) to enforce all of the provisions of the Uniform Controlled Substances Act, and that any provision of Initiative 75 found to be in conflict with state law would be invalid;

WHEREAS, for the above stated reasons, the City Council has decided not to enact Initiative No. 75 and may consider passage of a substitute measure dealing with the same subject; and

WHEREAS, the City Council, unless it enacts Initiative No. 75, has a non-discretionary duty to order it placed on a ballot;

NOW THEREFORE

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

Section 1. Pursuant to Article IV, Sections C and D of the Seattle City Charter, the City Council hereby rejects Initiative No. 75 and orders that it be submitted to the qualified electors of the City at a special election to be held in conjunction with the statewide primary on September 16, 2003, together with any different measure dealing with the same subject passed by the Council.

Section 2. Ballot Measure. The King County Director of Records and Elections, as ex officio supervisor of elections, is hereby requested to submit Initiative No. 75 to the qualified electors of the City at a special election to be held in conjunction with the statewide primary on September 16, 2003, together with any different measure dealing with the same subject that may be passed by the Council. The City Clerk is hereby authorized to take those actions necessary to submit, pursuant to City Charter Article IV, Section 1.D, this initiative measure, together with any different measure that may be passed by the Council, to the qualified electors of the City of Seattle for their approval or rejection at the special election to be held in conjunction with the statewide primary on September 16, 2003. The Executive Director of the Ethics and Elections Commission is authorized to take the steps necessary to produce a voters' pamphlet for the election, including for this initiative measure.

Section 3. Ballot Title and Explanatory Statement. The ballot title for the proposed initiative measure shall be as certified by the City Attorney in accordance with the requirements of applicable law. The City Attorney shall prepare an explanatory statement for this measure as provided by applicable law.

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)

qry:qry

10/28/02

resofor1.doc

(Ver. 2 )