Chapter 1.20 INITIATIVE AND REFERENDUM POWERS

Ordinances of the city shall not go into effect before 30 days from the time of final passage by the city council and are subject to referendum during that period. This section shall not apply to ordinances exempted in LFPMC 1.20.030. (Ord. 553 § 2, 1994)

1.20.030 Ordinances not subject to referendum.

Ordinances of the city which shall not be subject to referendum and which shall become effective five days following their passage and legal publication are as follows:

A. Ordinances initiated by petition;

B. 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 those on the city council who are present;

C. Ordinances providing for local improvement districts;

D. Ordinances appropriating money;

E. Ordinances providing for or approving collective bargaining;

F. Ordinances providing for the compensation of or working conditions of city employees;

G. Ordinances authorizing or repealing the levy of taxes;

H. Ordinances changing the zoning classification of real property; and

I. Any ordinances exempted now or hereafter by state law from the referendum process. (Ord. 553 § 3, 1994)

1.20.040 Filing measures with the city administrator.

If any registered voter of the city, either individually or on behalf of an organization, desires to petition the city council to enact a proposed measure, or order that a referendum of any nonexempt ordinance passed by the city council be submitted to the people, that individual shall file with the city administrator a typewritten copy of the measure proposed, accompanied by:

A. The name, mailing address, and telephone number of the proposer;

B. An affidavit that the proposer is a registered voter of the city; and

C. A filing fee as established periodically by city council resolution. (Ord. 787 § 1, 1999; Ord. 553 § 4, 1994)

1.20.050 Review of proposed measures.

Upon receipt of any proposed measure, and prior to giving a serial number thereto, the city administrator shall submit a copy thereof to the city attorney and give notice to the petitioner of such transmittal. The city attorney shall follow the following procedures for the respective measures:

A. Review of Referendum Measures. The city attorney shall review a referendum measure within five working days from receipt thereof. The city attorney shall issue a certificate of review/referendum measure to the city administrator, with a copy to the petitioner, certifying that he/she has reviewed the measure and determined that either:

1. Ordinance is exempt from referendum process. The proposed ordinance sought to be referred to the people is exempt and is not subject to the referendum process per the appropriate section of this chapter; or

2. Ordinance is nonexempt from referendum process. The proposed ordinance sought to be referred to the people is nonexempt and is subject to the referendum process.

a. The city attorney shall transmit to the city administrator, with a copy to the petitioner, a concise statement posed as a question (“ballot title”) and a summary of the measure to follow the statement. When practicable, the ballot title shall be phrased in language so that a “for” vote on the measure will clearly be a vote in favor of changing the then current law, and an “against” vote on the measure will clearly be a vote that would result in no change to the current law.

b. The ballot title and summary shall be submitted along with any certificate of review on any referendum measure determined to be nonexempt.

B. Review of Initiative Measures. The city attorney shall review an initiative measure within 15 working days from receipt thereof. The city attorney shall issue a certificate of review/initiative measure to the city administrator, with a copy to the petitioner, certifying that he/she has reviewed the measure and determined that either:

1. Measure is exempt from initiative process. The proposed measure proposes an action which is exempt and is not subject to the initiative process per the appropriate section of this chapter; or

2. Measure is nonexempt from initiative process. The proposed measure proposes an action which is nonexempt and is subject to the initiative process.

a. The city attorney shall issue a certificate of review certifying that he/she has reviewed the nonexempt initiative measure for form and style and that the recommendations for revision or alteration to the measure, if any, have been communicated to the petitioner.

b. “Conditional certificate of review” means that the city attorney has issued a certificate of review for a nonexempt initiative measure which contains recommendations for revision or alteration to a measure.

c. “Certificate of review with no conditions” means that the city attorney has issued a certificate of review for a nonexempt initiative measure which contains no recommendations for revision or alteration to a measure.

d. The petitioner may accept or reject recommendations for revision or alteration to a measure contained in a conditional certificate of review in whole or in part. The petitioner shall notify the city administrator in writing of any acceptance or rejection of recommendations in whole or in part within 15 working days from receipt of a conditional certificate of review. If petitioner accepts any of the recommendations, a revised measure will be submitted to the city administrator incorporating the revisions, who will in turn submit the revised measure to the city attorney for his/her review in accordance with the provisions of this section.

e. If the petitioner fails to respond within 21 days of a conditional certificate of review being mailed to him/her, it shall be presumed that the petitioner rejects all the recommendations.

f. A certificate of review with no conditions shall be issued by the city attorney, during the appropriate review period under this section, if there are no further recommendations and such recommendations which have been made have been incorporated appropriately into the measure or have been rejected by the petitioner in writing or by expiration of the appropriate time period as provided in subsection (B)(2)(e) of this section.

g. When the city attorney issues a certificate of review with no conditions for a nonexempt initiative measure, he or she shall also transmit to the city administrator, with a copy to the petitioner, a concise statement posed as a question (“ballot title”) and a summary of the measure to follow the statement. (Ord. 553 § 5, 1994)

1.20.060 Assignment of serial number.

Upon receipt of a certificate of review or a nonexempt referendum or initiative measure with no conditions, the city administrator shall accept the measure for filing and assign a serial number to the measure and the ballot title and summary accompanying the certificate of review. The city administrator shall use a separate numbering system for initiatives and referendums. Thereafter, a measure shall be known and be designated on all petitions, ballots, and proceedings as of “Initiative No.___” or “Referendum No.___.” (Ord. 553 § 6, 1994)

1.20.070 Ballot title and summary – Notice.

After a measure has been accepted for filing in accordance with the provisions of LFPMC 1.20.060, the city administrator shall notify forthwith by telephone, fax or mail the person proposing the measure and any other individuals who have made written request for such notification of the exact language of the ballot title. (Ord. 553 § 7, 1994)

1.20.080 Ballot title and summary – Appeal.

A. If any registered voter of the city is dissatisfied with the ballot title or summary formulated by the city attorney, he or she may, within 10 days from the date a measure has been accepted for filing in accordance with the provisions of LFPMC 1.20.060, appeal to the King County superior court by petition setting forth the measure, the ballot title and summary formulated by the city attorney, and his or her objections to the ballot title or summary and requesting amendment of the ballot title or summary by the court.

B. A copy of the petition on appeal together with a notice that an appeal has been taken shall be served upon the city administrator, the city attorney, and upon the person proposing the measure if the appeal is initiated by someone other than that person. (Ord. 553 § 8, 1994)

1.20.090 Ballot title and summary – Mailed – Title.

When the ballot title and summary are finally established, the city administrator shall file the instrument establishing it with the proposed measure and transmit a copy thereof by mail to the person proposing the measure and to any other individuals who have made written request for such notification. Thereafter, such ballot title shall be the title of the measure in all petitions, ballots, and other proceedings in relation thereto. The summary shall appear on all petitions directly following the ballot title. (Ord. 553 § 9, 1994)

1.20.100 Petitions – Paper, size and contents.

The person proposing the measure shall have blank petitions printed upon single sheets of paper of good writing quality not less than eight and one-half inches in width and not less than 11 inches in length. Every signer to a petition shall add to his/her signature the place of residence, giving street and number. Petitions shall be in the form required by the city administrator provided in LFPMC 1.20.110 and shall have a full, true and correct copy of the proposed measure referred to therein attached to the petition. The person proposing the measure shall provide 10 blank copies of a printed petition to the city administrator who shall retain at least one copy and circulate copies to the city council and the city attorney. (Ord. 553 § 10, 1994)

1.20.110 Petitions – Forms.

The city administrator shall prepare sample initiative and referendum petition forms in consultation with the city attorney. Referendum petitions shall contain language petitioning the city council to reconsider a nonexempt ordinance or to submit the same to a vote of the people. Such sample petition forms shall be made available to persons proposing initiative and referendum measures when such measures have been accepted for filing in accordance with the provisions of LFPMC 1.20.060. Such sample petition forms shall contain an issue date or revision date on the face of the forms. (Ord. 553 § 11, 1994)

1.20.120 Petitions – Signatures – Number necessary.

When the person proposing any initiative or referendum measure has secured upon such petition the number of signatures of valid registered voters equal to not less than 15 percent of the number of persons listed as registered voters within the city on the day of the last preceding city general election, he/she may submit the petition to the city administrator for filing. (Ord. 553 § 12, 1994)

1.20.130 Time limit for filing petitions.

A. Initiatives – 180-Day Time Limit. Initiative petitions containing the required signatures, as set forth in LFPMC 1.20.120, must be filed with the city administrator within 180 days from the date the measure was accepted for filing in accordance with the provisions of LFPMC 1.20.060. If the petitioner fails to file such petition within the prescribed time limit, it shall have no validity and the petition shall not be considered by the city council as an initiative petition.

B. Referendums – 30-Day Time Limit. Referendum petitions containing the required signatures, as set forth in LFPMC 1.20.120, must be filed with the city administrator within 30 days from the passage of a nonexempt ordinance by the city council.

1. No Validity if Not Filed within Time Limit. If the petitioner fails to file such petition within the prescribed time limit, it shall have no validity and the petition shall not be considered by the city council as a referendum petition.

2. Time Limit Not Tolled Except by Court. This 30-day time limit shall not be tolled by any other provisions of this chapter, including, but not limited to, the time for the city attorney to review the measure or any appeal taken prior to a referendum petition being accepted for filing, unless a court orders that this 30-day time limit be tolled.

C. Each initiative and referendum petition filed under this section must have attached thereto an affidavit stating the number of signatures thereon, that each signature thereon is a genuine signature of the person whose name it purports to be, and that the statements thereon made are true as he or she believes. (Ord. 553 § 13, 1994)

1.20.140 Petitions – Acceptance or rejection.

A. The city administrator shall refuse to accept for filing any initiative or referendum petition if:

1. The petition is not in the form prescribed by LFPMC 1.20.110;

2. The petition clearly bears insufficient signatures;

3. The time within which the petition may be filed has expired;

4. The city attorney has determined that the initiative petition proposes an action which is not subject to the initiative process or that the referendum petition proposes to refer to the people an ordinance which is not subject to the referendum process per a determination in accordance with the provisions of LFPMC 1.20.050.

B. In the case of a refusal under subsection A of this section, the city administrator shall attach to the petition a certification indicating that the petition was “submitted and refused and not accepted for filing,” setting forth the reason for refusal and the date. Such certification shall be retained with the petition pending appeal, except for those petitions with insufficient signatures which shall be handled in accordance with the provisions of LFPMC 1.20.180. A copy of such certification shall be provided to the city council, the city attorney and the petitioner.

C. If none of the grounds for refusal exist as set forth in subsection A of this section, the city administrator shall accept and file the initiative or referendum petition. (Ord. 553 § 14, 1994)

1.20.150 Petition – Court review of refusal to file.

A. If the city administrator refuses to accept an initiative or referendum petition for filing, the person submitting it for filing may apply to King County superior court for a citation requiring the city administrator to bring the petition before the court, and for a writ of mandamus to compel him/her to file it. Any such action must be filed in the King County superior court within 10 days following such refusal.

B. If the King County superior court issues the citation and subsequently determines that the initiative or referendum petition should be accepted for filing, it shall issue its mandate requiring the city administrator to accept the initiative or referendum petition for filing and to so file it as of the date of the submission for filing. (Ord. 553 § 15, 1994)

1.20.160 Petition – Destruction on final refusal.

If no appeal is taken from the refusal to accept a petition for filing in accordance with the provisions of LFPMC 1.20.150, or if an appeal is taken and it is determined that the city administrator is not required to accept the petition for filing, the city administrator may destroy it, except for those petitions with insufficient signatures which shall be handled in accordance with the provisions of LFPMC 1.20.180. (Ord. 553 § 16, 1994)

1.20.170 Referendum petitions – Suspension of ordinance.

The operation of an ordinance so protested against that a referendum petition has been accepted for filing and filed in accordance with the provisions of this chapter shall be suspended until either:

A. The referendum petition is finally found insufficient in accordance with the provisions of this chapter; or

B. The legislative action so referred is approved by the voters at a referendum election. (Ord. 553 § 17, 1994)

1.20.180 Petitions – Checking by city administrator.

A. Within 10 days from the filing of an initiative or referendum petition in accordance with the provisions of this chapter, the city administrator shall ascertain whether or not it is signed by a sufficient number of registered voters in accordance with the provisions of this chapter, using the registration records and returns of the preceding municipal election for sources of information, and the city council shall allow the city administrator extra help for that purpose, if necessary. The city administrator shall issue a certification of the results of his or her review to the city council with a copy to the petitioner.

B. If the signatures are found by the city administrator to be insufficient, the petition may be amended in that respect within 10 days from the date of the city administrator’s certificate. Within 10 days after submission of the amended petition, the city administrator shall make an examination thereof and issue a certificate as provided in this section. If the second certificate shall also show the number of signatures to be insufficient, the petition shall be returned to the person filing it.

C. Petitions containing the required number of signatures shall be accepted as prima facie valid until their invalidity has been proven.

D. A variation between the signatures on the petition and that on the voter’s permanent registration caused by the substitution of initials instead of the first or middle names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same.

E. Signatures shall be stricken in the following instances:

1. Signatures, including the original, of any person who has signed a petition two or more times;

2. On an initiative petition, signatures followed by a date of signing which is more than 180 days prior to the date of filing of the petition in accordance with the provisions of this chapter; and

3. On a referendum petition, signatures followed by a date of signing which is more than 30 days prior to the date of filing of the petition in accordance with the provisions of this chapter. (Ord. 553 § 18, 1994)

1.20.190 Initiative petition – Council action.

If an initiative petition has been accepted for filing and been so filed and if the proposed petition or ordinance contains a request that, unless passed by the city council, the proposed ordinance be submitted to a vote of the people, then within 20 days after the city administrator’s issuance of a certificate that the number of signatures on the petition is sufficient in accordance with the provisions of this chapter, the city council shall either:

A. Pass the proposed ordinance without alteration; or

B. Take appropriate action for submission of the proposed ordinance without alteration to a vote of the people by calling a special election to be held not less than 30 nor more than 60 days thereafter, unless a general election will occur within 90 days, in which event submission must be made at the general election. (Ord. 553 § 19, 1994)

1.20.200 Referendum petition – Council action.

If a referendum petition has been accepted for filing and been so filed, then within 20 days after the city administrator’s issuance of a certificate that the number of signatures on the petition are sufficient in accordance with the provisions of this chapter, the city council shall either:

A. Enact an ordinance repealing the ordinance which is the subject of the referendum in its entirety; or

1.20.210 Petition – Appeal of city council inaction.

If the city council fails to act on an initiative or referendum petition in the manner prescribed in LFPMC 1.20.190 and 1.20.200, then any registered voter of the city may commence an action in King County superior court against the city for the purpose of requiring an election to be held in the city for the purpose of voting upon the proposed ordinance. Any such action must be filed within 30 days of the date the city council should have taken the appropriate action. (Ord. 553 § 21, 1994)

1.20.220 Substitute for rejected initiative.

If the city council, having rejected a measure submitted to it by initiative petition in accordance with the provisions of this chapter, proposes a different measure dealing with the same subject for referral to a vote of the people, the city administrator shall give that measure the same number as that borne by the initiative measure followed by the letter “B.” Such measure so designated as “Alternative Measure No.___B,” together with a ballot title determined in accordance with the provisions of this chapter, shall be placed on the ballot along with the initiative measure. (Ord. 553 § 22, 1994)

1.20.230 Conduct of election – Notice – Ballots.

The conduct of the election, notice and ballots on any initiative or referendum issue shall be in accordance with the following provisions of state law and in such form and in such manner as set forth by the city administrator:

A. RCW 35.17.300, Conduct of election;

B. RCW 35.17.310, Notice of election;

C. RCW 35.17.320, Ballots. (Ord. 553 § 23, 1994)

1.20.240 Initiative – Effective date – Record.

If a majority of the number of votes cast thereon favor the proposed ordinance, it shall become effective immediately upon certification of the election results and shall be made a part of the record of ordinances of the city. The city administrator shall write on the margin of the record thereof “Ordinance by Initiative No.___.” (Ord. 553 § 24, 1994)

1.20.250 Referendum – Effective date – Record.

If a majority of the number of votes cast thereon oppose the ordinance subject to the referendum, such ordinance shall be deemed repealed immediately upon certification of the election results. The city administrator shall write on the margin of the record of the ordinance “Repealed by Referendum No.___.” (Ord. 553 § 25, 1994)

1.20.260 Initiative – Repeal or amendment.

A. An ordinance initiated by petition cannot be repealed or amended except by a vote of the people while the powers of initiative and referendum exist for the registered voters of the city.

B. The city council may, by means of an ordinance, submit a proposition for the repeal or amendment of an ordinance, initiated by petition, 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.

C. The city administrator shall write upon the margin of the record of an ordinance so repealed in accordance with the provisions of this section “Repealed by Referendum No.___.” (Ord. 553 § 26, 1994)

1.20.270 User’s guide.

Within 120 days of the effective date of the ordinance codified in this chapter, a written user’s guide shall be made available to the registered voters of the city in City Hall to assist such voters in exercising their rights under this chapter. (Ord. 553 § 27, 1994)