Chapter 1.30
INITIATIVE AND REFERENDUM POWERS
Sections:
1.30.020 Ordinances not subject to initiative and referendum.
1.30.030 Initiative petitions.
1.30.040 Initiative procedure by city clerk and city attorney.
1.30.050 Initiative statement.
1.30.060 Filing initiative petition.
1.30.070 Sufficiency of petitions.
1.30.160 Initiative petition – Council action.
1.30.170 Initiative petition – Appeal to court.
1.30.180 Initiative – Conduct of election.
1.30.190 Initiative – Notice of election.
1.30.200 Initiative – Ballots generally.
1.30.210 Initiative – Ballot title.
1.30.220 Initiative – Effective date – Record.
1.30.230 Initiative – Repeal or amendment.
1.30.240 Initiative – Repeal or amendment method.
1.30.250 Initiative – Repeal or amendment record.
1.30.260 Referendum petitions.
1.30.270 Referendum statement.
1.30.280 Referendum filing suspends ordinance.
1.30.300 Referendum – Effective date – Record.
1.30.310 Restriction on or abandonment of powers.
1.30.320 Ordinance restricting or abandoning powers – After election.
1.30.010 Intent.
It is the intent of the city council to adopt, pursuant to RCW Title 35A, the powers of initiative and referendum for the qualified electors of the city of Federal Way. If an initiative measure is properly presented to the council, the council hereby declares its intention to reserve the authority to also submit a different measure dealing with the same subject as the initiative to the qualified electors for approval or rejection at the same election.
(Ord. No. 92-150, § 1(1.14.010), 9-22-92. Code 2001 § 2-201.)
1.30.020 Ordinances not subject to initiative and referendum.
Any and all ordinances hereafter passed and adopted by the city of Federal Way shall not go into effect prior to 30 days from the time of final passage and the same shall be subject to referendum during the interim except the following ordinances:
(1) Ordinances initiated by petition;
(2) Ordinances necessary for immediate preservation of public peace, health and safety, or for the support of city government and its existing public institutions which contain a statement of urgency and are passed by unanimous vote of the council;
(3) Ordinances providing for local improvement districts;
(4) Ordinances appropriating money;
(5) Ordinances providing for or approving collective bargaining;
(6) Ordinances providing for the compensation of or working conditions of a city employee;
(7) Ordinances authorizing or repealing the levy of taxes;
(8) Ordinances adopting, amending or repealing the Federal Way comprehensive plan or zoning code map or text or any portions thereof;
(9) Any ordinance exempted now or hereafter by state law from initiative and referendum processes; and all such excepted ordinances shall go into effect as provided by the general law or applicable sections of RCW Title 35A as now or hereafter amended.
(Ord. No. 92-150, § 1(1.14.020), 9-22-92. Code 2001 § 2-202.)
1.30.030 Initiative petitions.
Ordinances may be initiated by petitions of electors of the city. If any individual, or group of individuals, desires to petition the council to enact a proposed measure, that individual or group shall file in the office of the city clerk five printed or typewritten copies of the measure proposed, accompanied by the name, post office and residence address of the proposer.
(Ord. No. 92-150, § 1(1.14.030), 9-22-92. Code 2001 § 2-203.)
1.30.040 Initiative procedure by city clerk and city attorney.
Upon filing of the proposed initiative measure, the city clerk shall assign a number to each such initiative petition and transmit one copy of the measure proposed, bearing such number, to the city council, the mayor, and to the city attorney. Within five days after the receipt of the initiative measure and this request, the city attorney shall issue a determination as to the appropriateness of the topic of the initiative measure as defined by this chapter. In the event the initiative measure is determined valid pursuant to this chapter, and within 14 days after the receipt of an initiative measure, the city attorney shall formulate therefor and transmit to the city clerk, the city council, the mayor, and the individual or group proposing such a measure, an initiative statement in the form of a question containing the essential features of the measure.
(Ord. No. 10-669, § 4, 9-21-10; Ord. No. 92-150, § 1(1.14.040), 9-22-92. Code 2001 § 2-204.)
1.30.050 Initiative statement.
An initiative statement shall be phrased in language so that a “yes” vote will clearly be a vote in favor of the action or condition that would result from the approval of the measure, and a “no” vote will clearly be a vote in opposition to such action or condition. The statement may be distinct from the petitioner’s title of the measure and shall express and give a true and impartial statement of the purpose of the measure. It shall not be intentionally an argument, nor likely to create prejudice, either for or against the measure.
(Ord. No. 92-150, § 1(1.14.050), 9-22-92. Code 2001 § 2-205.)
1.30.060 Filing initiative petition.
Initiative petitions containing the required signatures of the registered voters of the city as provided in RCW 35A.11.100, now or as hereinafter amended, must be filed with the city clerk.
(Ord. No. 12-730 § 1, 11-20-12; Ord. No. 92-150, § 1(1.14.060), 9-22-92. Code 2001 § 2-206.)
1.30.070 Sufficiency of petitions.
RCW 35A.01.040 is adopted by reference.
(Ord. No. 11-694 § 1, 7-19-11; Ord. No. 92-150, § 1(1.14.070), 9-22-92. Code 2001 § 2-207.)
1.30.160 Initiative petition – Council action.
If the petition accompanying the proposed ordinance is signed by the registered voters in the city as required by state law and, if it contains a request that, unless passed by the city council, the ordinance be submitted to a vote of the people, the council shall either:
(1) Pass the proposed ordinance without alteration within 45 days after the city clerk’s certificate that the number of signatures on the petition is sufficient; or
(2) Upon receipt of the certificate of sufficiency with the attached petition, the city clerk will notify the city council for submission of the proposed ordinance without alteration to a vote of the people at the next general election.
(Ord. No. 14-756, § 1, 1-7-14; Ord. No. 92-150, § 1(1.14.160), 9-22-92. Code 2001 § 2-216.)
1.30.170 Initiative petition – Appeal to court.
If the city determines the initiative measure to be inappropriate as defined by this chapter, or if a court finds the petition insufficient, or if the council refuses either to pass an initiative ordinance or order an election thereon, any taxpayer within the city may commence an action in the superior court against the city for the purpose of requiring an election to be held in the city for purposes of voting upon the proposed ordinance if the court finds the petition to be sufficient.
(Ord. No. 92-150, § 1(1.14.170), 9-22-92. Code 2001 § 2-217.)
1.30.180 Initiative – Conduct of election.
Publication of notice, the election, the canvass of the returns, and declaration of the results shall be conducted in all respects as are other city elections. Any number of proposed ordinances may be voted on at the same election, but there shall not be more than one special election for that purpose during any one six-month period.
(Ord. No. 92-150, § 1(1.14.180), 9-22-92. Code 2001 § 2-218.)
1.30.190 Initiative – Notice of election.
The city clerk shall cause any ordinance or proposition required to be submitted to the voters at an election to be published in a local newspaper. This publication shall be in addition to the notice required in Chapter 29.27 RCW.
(Ord. No. 92-150, § 1(1.14.190), 9-22-92. Code 2001 § 2-219.)
1.30.200 Initiative – Ballots generally.
The ballots used for voting upon a proposed ordinance shall be similar to those used at a general municipal election and shall contain the words “for the ordinance” (stating the nature of the proposed ordinance) and “against the ordinance” (stating the nature of the proposed ordinance).
(Ord. No. 92-150, § 1(1.14.200), 9-22-92. Code 2001 § 2-220.)
1.30.210 Initiative – Ballot title.
When any initiative petition is found to be sufficient by the city clerk and the proposal or question is to be submitted to the voters, the question or proposal shall be advertised as provided for nominees for office for code cities and, in such cases there shall also be printed on the ballot a concise statement not exceeding 100 words containing the essential features thereof expressed in such a manner as to clearly identify the proposition to be voted upon, which statement shall be prepared by the city attorney. In addition to such a statement, the city attorney preparing the statement shall also prepare a caption, not to exceed ten words in length, to permit the voters readily to identify the proposition and distinguish it from other propositions on the ballot. This caption shall be placed on the ballot immediately before the statement, and shall be printed in heavy black type in such a manner as to be readable at a glance. The caption and statement together shall constitute the ballot title.
(Ord. No. 92-150, § 1(1.14.210), 9-22-92. Code 2001 § 2-221.)
1.30.220 Initiative – Effective date – Record.
If a majority of the number of votes cast thereon favor the proposed ordinance, it shall become effective immediately and shall be made a part of the record of ordinances of the city.
(Ord. No. 92-150, § 1(1.14.220), 9-22-92. Code 2001 § 2-222.)
1.30.230 Initiative – Repeal or amendment.
Upon the adoption of an ordinance initiated by petition, the city clerk shall write on the margin of the record thereof “ordinance by petition No. ________,” or “ordinance by vote of the people,” and it cannot be repealed or amended except by a vote of the people.
(Ord. No. 92-150, § 1(1.14.230), 9-22-92. Code 2001 § 2-223.)
1.30.240 Initiative – Repeal or amendment method.
The council may by means of an ordinance submit a proposition for the repeal or amendment of an ordinance initiated by petition, by submitting it to a vote of the people at any general election and, if a majority of the votes cast upon the proposition favor it, the ordinance shall be repealed or amended accordingly. A proposition of repeal or amendment must be published before the election thereon as is an ordinance initiated by petition when submitted to election.
(Ord. No. 92-150, § 1(1.14.240), 9-22-92. Code 2001 § 2-224.)
1.30.250 Initiative – Repeal or amendment record.
Upon the adoption of a proposition to repeal or amend an ordinance initiated by petition, the city clerk shall write upon the margin of the record of the ordinance “repealed (or amended) by ordinance No. ________” or “repealed (or amended) by vote of the people.”
(Ord. No. 92-150, § 1(1.14.250), 9-22-92. Code 2001 § 2-225.)
1.30.260 Referendum petitions.
A petition may be filed with the city clerk within 30 days from filing of a salary schedule by the independent salary commission or the passage of a general ordinance by the council, petitioning the council to reconsider a salary schedule or an ordinance which is subject to referendum, or to submit same to a vote of the people.
(Ord. No. 03-439, § 2, 3-18-03; Ord. No. 92-150, § 1(1.14.260), 9-22-92. Code 2001 § 2-226.)
1.30.270 Referendum statement.
A referendum statement on a petition shall be phrased in the following language:
Should Federal Way Ordinance No. ______ relating to ________________ enacted by the Federal Way City Council on ________ be repealed in its entirety? Your signature on this petition indicates your vote in favor of repeal of the attached ordinance in its entirety.
or
Should the salary schedule filed with the City Clerk by the independent salary commission on ________ be repealed in its entirety? Your signature on this petition indicates your vote in favor of repeal of the attached ordinance in its entirety.
A copy of the salary schedule or ordinance to such referendum petition shall be attached to each referendum petition for the information of the parties requested to sign such petition.
(Ord. No. 03-439, § 2, 3-18-03; Ord. No. 92-150, § 1(1.14.270), 9-22-92. Code 2001 § 2-227.)
1.30.280 Referendum filing suspends ordinance.
Upon the filing of a referendum petition, which must contain valid signatures of 15 percent of the total number of names of persons listed as registered voters within the city on the date of the last preceding city general election or as otherwise provided by state law, within 30 days of the filing of a salary schedule by the independent salary commission or passage of an ordinance petitioning therein that such salary schedule or ordinance be submitted to the electorate, the council shall reconsider a salary schedule or an ordinance subject to referendum and, upon reconsideration, shall defeat it in its entirety or shall submit it to a vote of the people. The operation of a salary schedule or an ordinance so protested against shall be suspended until the referendum petition is finally found insufficient or until the salary schedule or ordinance protested against has received a majority of the votes cast thereon at the election.
(Ord. No. 03-439, § 2, 3-18-03; Ord. No. 92-150, § 1(1.14.280), 9-22-92. Code 2001 § 2-228.)
1.30.300 Referendum – Effective date – Record.
If a majority of the number of votes cast thereon oppose the salary schedule or ordinance subject to the referendum, such salary schedule or ordinance shall be deemed repealed immediately.
(Ord. No. 03-439, § 2, 3-18-03; Ord. No. 92-150, § 1(1.14.300), 9-22-92. Code 2001 § 2-230.)
1.30.310 Restriction on or abandonment of powers.
The exercise of such initiative and referendum powers may be restricted or abandoned upon passage of a resolution by the council or by the filing of a sufficient petition with the city clerk signed by qualified electors in number equal to not less than 10 percent of the votes cast at the last general municipal election or as otherwise provided by state law. The sufficiency of the petition for restriction or abandonment shall be determined by the city clerk and certified as to sufficiency.
The proposal for restriction of the initiative and/or referendum powers and/or the proposal for abandonment of such powers shall be voted upon at the next general municipal election if one is to be held within 180 days from the date of filing of the petition, or at a special election to be called for that purpose not less than 90 days nor more than 180 days after the passage of the resolution or the certification of sufficiency of the petition. The ballot title and statement of proposition shall be prepared by the city attorney as provided for initiative ballots herein.
(Ord. No. 92-150, § 1(1.14.310), 9-22-92. Code 2001 § 2-231.)
1.30.320 Ordinance restricting or abandoning powers – After election.
If a majority of votes cast at the election favor restriction or abandonment, such powers of initiative or referendum shall be deemed so restricted or abandoned.
(Ord. No. 92-150, § 1(1.14.320), 9-22-92. Code 2001 § 2-232.)