Preamble Clallam County Home Rule Charter

CLALLAM COUNTY HOME RULE CHARTER

Clallam County
Home Rule Charter

Prepared by the Clallam County
Board of Freeholders
for submission to the voters of the County.

November 2, 1976

Date of this printing: 2020

To the Residents of Clallam County:

In November, 1975, the voters of Clallam County passed a proposition creating a board of Freeholders whose charge, according to Amendment 21 of the Washington State Constitution, was to write a “Home Rule” Charter to submit to the voters of Clallam County for their approval or rejection.

Fifteen Freeholders were elected, three of whom subsequently resigned. Those three were Howard V. “Mike” Doherty, Jr., who resigned when his appointment in March 1976 by Governor Evans to the office of Clallam County Commissioner caused a conflict of interest; John Swingle, who became ineligible in August upon moving out of the district in which he was elected; and Fred Sindars, who resigned in August over a disagreement with a majority decision of the board.

The Freeholders undertook a comprehensive study of the existing form of Clallam County government. This was accomplished through interviews with county officials, past and present; seminars conducted by the Institute of Governmental Research and Services; individual research; and hearings with the public in each of the three Commissioner districts of the county.

When this study was completed, the board undertook the writing of a “Home Rule” Charter reflecting the conclusions gained from the study. A final rough draft of the Charter was made public in August and was taken to the three Commissioner districts for further public hearings.

The proposed Charter closely follows the present system of government. Three Commissioners are nominated by district and elected at large. This Commission exercises the legislative and executive powers of the county as at present. The Assessor, Auditor, Sheriff and Treasurer remain elected officials, as do the Prosecuting Attorney and the Judges of the county.

Major differences found in this Charter include “Home Rule” itself. The Charter is a county constitution designed to give the control of county affairs to the people of the county rather than requiring legislation from Olympia. In addition to the election of our public officials, specific powers reserved to the people are initiative, referendum, mini-initiative and recall. The Charter also calls for the hiring of an Administrative Coordinator to assist the Commissioners in the administrative procedures of the county as the Commissioners may direct.

Approval of the Clallam County “Home Rule” Charter provides for increased local control over our government and increased local involvement in that government by its citizens.

Very Truly Yours,

The Clallam County Board of Freeholders

Commissioner District No. 1

James O. Babcock

Annette J. Kuss, 1st Vice-Chairperson

Ruby Mantle

Edward V. Polhamus

Commissioner District No. 2

Walter G. Davison

Dorothy C. Duncan, Chairperson

Dorothy Munkeby, 2nd Vice-Chairperson

James H. Elbrader

Commissioner District No. 3

Elmer Critchfield

Craig A. Fletcher

Robert D. Hall

Evelyn B. Tinkham

CHARTER SUMMARY

Article I – POWERS OF THE COUNTY

Grants county all powers possible with “Home Rule” under the state and U.S. constitutions; outlines participation with other agencies or municipal corporations; interprets powers of the county as liberally construed; retains name, boundaries and county seat.

Article II – LEGISLATIVE AND EXECUTIVE BRANCHES

Keeps legislative and executive body as the Board of County Commissioners; outlines some of their functions; addresses the rules and organization of the Board of Commissioners.

Article III – LEGISLATION

Deals with legislation, including emergency ordinances, adoption of statutes and codes by reference, resolutions; mandates the codification of ordinances.

Article IV – OTHER ELECTED OFFICIALS

Keeps Assessor, Auditor, Director of the Department of Community Development, Sheriff, Treasurer, Prosecuting Attorney, and Judges of the Superior and District Courts as elected officials; outlines powers and duties; notes that Prosecuting Attorney will serve as ex-officio coroner.

Article V – ADMINISTRATIVE DEPARTMENTS

Outlines administrative departments, all of whom shall be responsible to the County Commissioners.

Article VI – ADMINISTRATOR

Mandates the hiring of an Administrator; outlines terms of appointment, duties and responsibilities, including assisting the County Commissioners with administrative procedures.

Article VII – ELECTIONS

Outlines election procedures; notes qualifications of elected officials; mandates procedure for county redistricting; addresses vacancies in county elective offices.

Article VIII – THE PUBLIC INTEREST

Provides for the powers of initiative, referendum, mini-initiative and refers to recall.

Article IX – FINANCIAL ADMINISTRATION

Deals with adoption of the budget, budget content, budget message, appropriations, lapses of appropriations and illegal contracts.

Article X – PERSONNEL SYSTEM

Mandates a personnel system; lists exemptions; includes a non-discrimination clause; specifies the right of dismissed employees to a public hearing.

Article XI – CHARTER REVIEW, AMENDMENT, AND REPEAL

Deals with Charter review, amendment and repeal; outlines election and procedures of Charter Review Commission; provides for amendment by the Commission, Board of County Commissioners, or public (all of which must be referred to the public for vote); specifies repeal procedures.

Article XII – GENERAL PROVISIONS

Addresses such provisions as bonds, contracts, purchasing, franchises, claims against the county, public disclosure, and oath of office.

Article XIII – TRANSITIONAL PROVISIONS

Addresses transition from present form of government to new form; sets effective date of Charter; specifies terms of office and election of County Commissioners; keeps all county employees at same job or similar at no less pay; keeps boards and commissions in effect; specifies budget; schedules ordinances required by the Charter.

RESOLUTION NO. 154, 1976

WHEREAS, the Clallam County Board of County Commissioners was duly called and convened on this 1st day of October, 1976 for the purpose of a regular business meeting, and the agenda having contained the consideration of the Home Rule Charter prepared and proposed under the authority of Amendment 21 of the Constitution of the State of Washington and Resolution No. 155, 1975 and amended by Resolution No. 165, 1975 of Clallam County, by the duly elected and certified Board of Freeholders of Clallam County, and the final and duly signed copy of the Home Rule Charter having been placed in our hands, attached and incorporated by reference as though fully set out herein, and the Board of Freeholders of Clallam County having requested by Resolution that we take the action necessary to place the following question before the voters of the county at the general election to be held on November 2, 1976:

Shall Clallam County Adopt a “Home Rule” Charter providing for increased local control over its government and providing initiative and referendum rights to the people as provided for in Resolution No. 154, 1976 of the Board of Clallam County Commissioners and the Constitution and laws of the State?

FOR APPROVAL OF CLALLAM COUNTY CHARTER ☐

AGAINST APPROVAL OF CLALLAM COUNTY CHARTER ☐

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Clallam County, as follows:

1) The proposed charter shall be submitted to the qualified electors of Clallam County at the general election to be held on November 2, 1976, and if a majority of such qualified electors voting thereon ratify the same, it shall become the charter of said county, and shall become the organic law thereof and supersede any existing forms of county government.

2) Said proposed charter shall be published in two (2) legal newspapers published in Clallam County, at least once a week for four (4) consecutive weeks prior to November 2, 1976, as required by the Constitution of the State of Washington, Article 11, Section 4, as amended.

3) Notice of said election, specifying the subject thereof, shall be given for at least ten (10) days before November 2, 1976 in all election districts of Clallam County.

4) The general election shall be conducted by the Clallam County Auditor, as ex-officio Supervisor of Elections, who shall place the above question on the ballot, and the results of said election shall be canvassed by the Clallam County Canvassing Board of Election returns, as provided by law.

5) This resolution and the final and official copy of the Home Rule Charter shall be placed in the hands of the Clallam County Auditor during regular business hours on or before September 17, 1976.*

PASSED AND ADOPTED THIS 1st of October, 1976.

BOARD OF CLALLAM COUNTY COMMISSIONERS

Frank A. Feeley, Chairman

Rosemary Cockrill

Howard V. Doherty, Jr.

ATTEST:

Alice C. Thorne

Clerk of the Board

*Language has appeared in prior printings but was not part of the original resolution.

PREAMBLE

In this the two hundredth year of the birth of our Nation, we, the People of Clallam County, Washington, in order to bring life to the meaning of the Indian word Clallam, that is “strong people,” and to establish a government closer to the people that will be:

Competent to manage the county’s resources wisely;

Able to accept the benefits and responsibilities of local control; and be

Open to all views and responsive to the needs of the county’s citizens;

DO HEREBY ADOPT THIS HOME RULE CHARTER.