People have power to change City Hall

Published 12:49 am Friday, October 3, 2008

So, you say you don’t like the proposed cellular-phone ban or the current “inattentive driving ordinance?” Perhaps, you’re frustrated with all the time and energy the City Council spends on a variety of issues that may not reflect the views of their constituents or the real needs of the city? Well, you’re not alone, and now there is something you can do about it! The citizens of North Bend are uprising, so to speak, and if successful, will change the way things are done at City Hall.

There is a new petition drive in town to adopt the powers of initiative and referendum. You may already be familiar with statewide initiatives and referendums, but cities can also exercise these powers. While some cities like Seattle, Bellingham, Everett and Yakima, among others, automatically have the powers of initiative and referendum, the city of North Bend does not. We are considered a “code” city, and in order to exercise the right of initiative and referendum we must formally adopt the powers.

North Bend can join many other code cities that have adopted the powers of initiative and referendum. These cities include Ellensburg, Renton, Issaquah, Bellevue, Walla Walla, Mercer Island, Chelan and many others.

The process of initiative and referendum is pretty simple. The power of initiative is utilized to propose new legislation and the power of referendum is utilized to review previously adopted legislation. The proposer of the initiative must obtain signatures on the petition equal to 15 percent of the registered voters that voted in the last general election. If found sufficient, the petition goes to the city council and it has two options. It can either pass the proposed ordinance without alteration, or submit the measure to a vote of the people.

Referendums work in a similar way, except they affect ordinances already passed by the city council. An ordinance, which is subject to the referendum process, does not go into effect for 30 days after enactment in order to allow the citizens an opportunity to file a referendum petition.

Here’s an example. Let’s say the City Council passes an ordinance outlawing talking and driving at the same time. They believe that doing both presents a “cognitive interference problem caused by the mental capacity needed for speech generation.” As you might suspect, this law is not very popular, as most citizens feel they possess the mental capacity to talk and drive simultaneously. The new law doesn’t become effective for 30 days so the citizens get together and sign a petition. The City Council still wants to outlaw talking and driving so badly that it forces an election. The people choose and the new law is rejected by a majority vote. The people can now talk and drive again!

The powers of initiative and referendum are a right given to all code cities by state statute. It is a right just waiting for the asking. The initiative and referendum process can neutralize special-interest groups, curtail corruption, provide a vehicle for civic education and most importantly, put pressure on public officials to act in the public’s interest. Once the city of North Bend adopts the powers of initiative and referendum, the City Council can no longer pass unpopular laws without asking themselves first if the legislation is really wanted by the citizens of our city.

Not every type of legislation is subject to these powers. Only ordinances may be enacted by initiative or repealed by referendum. These powers do not apply to any other type of legislative enactment by a city council, such as a motion, order or resolution. In addition, many types of ordinances are exempt and not subject to referendum. These include ordinances levying taxes, modifying zoning, annexing property, establishing utility rates and several others. The powers of initiative and referendum only affect ordinary ordinances such as the recent “inattentive driving” and cellular-phone ban ordinances. Most of the business of governing cannot be decided directly by the people, but must be decided by elected representatives. Therefore, the powers of initiative and referendum are recognized as a supplement to the normal legislative process.

To adopt these powers, this petition must contain signatures equal in number to 50 percent of the votes cast at the last general election. According to King County Records and Elections Division, 1,003 people voted at the last general election. That makes 502 signatures required for a successful petition. You must be a registered voter and reside within the city limits to sign the petition.

It’s time to bring some balance to the City Council of North Bend and give the citizens another voice to express their concerns. Please join many of your neighbors and me by signing this petition that directs the City Council of North Bend to pass a resolution declaring the intent of the city to adopt the right of initiative and referendum. This new right will better our community and bring increased democracy to all of us.