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Municipal Research News I-695 Ruled Unconstitutional

Welcome to City Hall
You won. Congratulations! Now what?

By Ron Bartels, Public Policy and Management Consultant
Municipal Research & Services Center
From Municipal Research News, Winter 2001

Many of the elections this year didn't become final for a long time. There were so many absentee ballots cast that the results weren't known until the final deadline. Many elections around the state were very close, and in some cases, the absentees were the deciding votes. And then perhaps there had to be a recount.

But now that's over. You've received your certificate of election, and you're ready to be sworn in. Now you're awaiting your first council meeting of the new term.

Along the way, the shattering events of September 11, 2001, cast a new light on the office you're about to assume. There is an Economic recession underway. There's talk of tightened bond ratings. It's becoming clear that the way tax money has flowed from the local areas through the state and then back to the cities, towns, and counties will be changing. Military reserves are being called up. Perhaps some of the police officers and firefighters and other staff in your local departments have received orders to report.

For the third time now, the people have spoken. First came the passage of Initiative 695. SEcond came the passage of Initiative 722. Both were taken to court, and both were declared unconstitutional. That didn't help the abrupt changes and problems left behind in terms of order, reasonable options, logical transitions, and sound financial approaches to the public's business in cities, towns, and counties. Now Initiative 747 has passed in all but one county in the state. That means it passed statewide. What is very clear following the election is that the citizens don't like taxes but do like broad and responsive services. One of your prime challenges will be trying to rEconcile these two positions.

More and more, it will be helpful for you to work together with others in neighboring cities and towns and counties. Since you will all be experiencing a shortage of money and will have to do more with less, this is a prime time to consider paddling together rather than paddling separately. You'll get farther.

This article concentrates on cities and towns. City and town elections are held in odd numbered years per RCW 29.13.020. County elections are generally held in even numbered years per RCW 36.16.010. The exceptions are the home rule counties that follow their own schedules, and those county offices that require an election following an appointment to fill an unexpired term. More information on assuming county office will become available at this time next year.

Roles

Understanding the relationships and getting along in your particular role is important to the city or town where you hold your elected position. If you don't try to get along to a reasonable degree, your meetings may become known as the Tuesday night fights - or whatever day you hold them. And the result will be very late meetings that become a real spectacle, often with no real results. Is that what you were elected for? Will that really serve a positive municipal purpose? That doesn't mean that you and the other elected officials should always agree. Even agreeing to disagree in a polite or sensitive manner is possible if everyone works at it. And chances are if you do, the public will respect you for "tuning down the din."

If you're the mayor in a mayor-council form of government, you're the leader. You chair the council meetings, and you serve as the administrative head of the municipal corporation. That doesn't mean you do it all alone. In fact, as the administrative head, you must work with your board of directors - that's the city or town council. Many of the actions you take as the administrative head must be approved by the elected body. Most of it can't be done unilaterally.

If your city or town operates under the council-manager form of government, as mayor you still chair the council meetings. But it's the city manager who is the administrative head of the municipal corporation. You're the ceremonial head of what goes on. Your vote on the council is equal with the votes of all the other councilmembers. You're the chairman of the board of directors.

If you're a councilmember or a commissioner, you are a member of the board of directors of the municipal corporation. Your vote is equal to all the others cast by the members of the elected body.

A clear role often neglected in recent years is that of political leadership and public education. Your constituents elected you to provide that leadership. And part of your role is to keep those who voted for you informed. You'll have to exercise leadership and attempt to educate in your role as an elected official in relating to both the constituents who elected you and to the other elected officials with whom you serve. In each case, you'll need to convince them.

Staff

Whether you're in a city or town, there is a group of very dedicated people who work for that local government. And if you're newly elected, they can be a great storehouse of information that can be helpful to you. Generally, they'll be glad to give you a tour of their area of responsibility and to share their observations. The sooner you can have these tours and these discussions, the better prepared you'll be to vote knowledgeably when called upon to do so. And you'll also be in a much better position to talk knowledgeably with constituents.

Operations

An important point to remember is that although the fire department, the police department, and perhaps the parks and recreation operation in your jurisdiction may be popular and most prominent in the public eye, there's a lot more to local government than just the very visible things. Turn on a tap. You expect clean and clear water to come out. You expect it to be safe to drink. Or, flush a toilet. Ever think about what really happens? Or what makes it work? Or where it goes and what happens to it? You drive on streets built and maintained by your city. So much of what local government does is simply taken for granted. It's there, but it's almost out of sight and out of mind. As an elected official, you can't let it become invisible. You'll be responsible to see that all functions are reasonably coordinated, properly funded, responsive to the citizens, and kept up. It's a big job.

Open meetings

Governing bodies at all levels of government in Washington State are specifically required by the Open Public Meetings Act to conduct their business openly. The requirements for this are contained in Chapter 42.30 Revised Code of Washington (RCW). Your city or town attorney, or the other elected officials with whom you'll be serving, should have advice for you on following these requirements.

Appearance of fairness

The "appearance of fairness doctrine" is something else that applies to all city and town legislative bodies in Washington. It's found in Chapter 42.36 RCW. Briefly, it requires that you disclose publicly any personal interest you might have in a quasi-judicial matter coming before you as a councilmember or commissioner, and, if necessary, that you not participate in that matter. Quasi-judicial matters are contested proceedings in which public officials act more like judges than administrators or legislators. It requires that you not prejudge issues that might be presented in a quasi-judicial public hearing coming before you. That means you shouldn't have gone out to look at the situation and perhaps talked with someone first. You must be impartial.

Ethics

They're required by law in all cities and towns. This subject is covered, in part, in Chapter 42.23 RCW entitled "Code of Ethics for Municipal Officers - Contract Interests." You'll want to get familiar with the subject. In addition, some cities and towns have additional codes of ethics that apply to officials and employees.

Orientation

As a new (or old) councilmember or mayor, you will have the opportunity to go to one or more sessions designed to orient and train you for your new (or continuing) elected role. City sessions are held and sponsored by the Association of Washington Cities. It's not a session designed to brainwash you with the way it's "always been done" or with the "good old boy (or girl)" network and thinking. It should help you hit the ground running. It will be an opportunity for you to meet others from other cities and towns who are in the same boat as you. You'll also get to meet experienced councilmembers and mayors. If possible, you should attend one of these sessions. You'll find it very helpful, whether you're new to the job or a veteran. Refreshers are good.

There are four sessions scheduled:

January 15, 2002 - Everett
January 16, 2002 - Tacoma
January 22, 2002 - Yakima
January 23, 2002 - Spokane

In each case, the morning presenter will be P. Stephen DiJulio of the Foster Pepper & Shefelman law firm in Seattle. Steve will focus on the legal do's and don'ts of local elected office, as well as outline the basic legal structure of the task you're about to undertake. The afternoon session will be moderated by Carl Neu, the principal of Neu & Company of Lakewood, Colorado. Carl has done considerable writing, training, and presenting about being a local government elected official. He's also "been there and done that" himself in Colorado. He'll deal with becoming effective leaders, understanding roles, and working together effectively.

You will be given lunch, where you can rub elbows and get acquainted with other elected officials, and you'll be given a fat notebook of basic information that can serve as a solid guide as you assume your elected role.

By all means try to attend one of these. You'll be very glad you did.

Resources

For cities, the main outside resources for you to use are the Association of Washington Cities (AWC) and the Municipal Research & Services Center of Washington (MRSC).

AWC, in Olympia, is the lobbying and coordinating organization serving Washington cities and towns. It holds various information and training sessions around the state each year. It keeps your city or town posted on what's happening for you and to you based on activities in the legislature and in the state's departments. All the cities and towns in the state are members of AWC and pay dues for that membership. AWC's phone number is 360-753-4137. Their Website is www.awcnet.org.

MRSC, in Seattle, has a large specialized library of municipal materials and a group of consultants from various municipal disciplines, as well as other staff to help you. They will "talk through" a question with you, or research your question, and in many cases, will send you information and sample materials. MRSC services are accessible by phone, fax, e-mail, or regular mail. Your city or county has already paid for this service. MRSC also maintains an extensive Website at www.mrsc.org. Take a look. E-mail questions can be sent to mrsc@mrsc.org. The fax number is 206-625-1220. The phone number in the Seattle area is 206-625-1300 or, from further away, it's 1-800-933-6772.

For counties, there is the Washington State Association of Counties (WSAC), the Washington Association of County Officials (WACO), and, of course, MRSC. WSAC may be reached by phone at 360-753-1886 and by fax at 360-753-2842.

Getting to work

You've expended the shoe leather and energy to get elected. You've been briefed. You've looked at the proposed budget. Perhaps you've had a tour of city facilities already. You're learning. And you're learning about being the educator your constituents elected you to become. It's time to roll up your sleeves and get to work.

Enjoy!