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Home My WebLink About01-17-2006 ITEM VIII-B-7CITY OF * _� y WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 3971 Date: January 11, 2006 Department: Legal Attachments: Resolution No. 3971 Budget Impact: Administrative Recommendation: City Council adopt Resolution No. 3971. Background Summary: Endorsing and supporting Auburn School District Education and Operations Levy, coming before the voters of the district on Tuesday, February 7, 2006, is something that the City Council is entitled to pass pursuant to the provisions of RCW42.17.130. A copy of the memo previously provided to the Mayor and City Council dated August 15, 2002, is attached hereto in this regard. For the matter, the only requirement that would be involved in the passage of this resolution that would be out of the ordinance for typical resolution is that the statute requires that at the meeting at which the resolution expressing support for a ballot measure is passed, the opportunity shall be provided to people in attendance at the public meeting to express differing views. This is not described in the statute as a public hearing, but an opportunity. Accordingly, it would be appropriate, either at the comment period at the City Council meeting or, perhaps, immediately before the vote on the resolution, for the Mayor to ask if there is anyone in attendance at the meeting who wishes to express views regarding the proposed resolution to support the proposition. With that requirement out of the way, the City Council is legally entitled to express its support for ballot measures such as would be contained in Resolution No. 3971. Regarding the resolution itself, it parrots the language of the programs to be funded and supported by the educational program and operations levy, and additionally, it should be noted that this replacement levy merely replaces with essentially identical funding, the current 2005 — 2006 levy for collection in the 2007 and 2008 tax years. A0117-1 A5.3.24 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: ❑Yes []No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until —/—/ Tabled Until Councilmember: Backus Staff: Heid Meeting Date: January 17, 2006 Item Number: VIII.13.7 AUBUM * MORE THAN YOU IMAGINED RESOLUTION NO. 3 9 7 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, STATING THE CITY COUNCIL'S SUPPORT FOR THE UPCOMING AUBURN SCHOOL DISTRICT EDUCATIONAL PROGRAM AND OPERATIONS LEVY WHEREAS, the Auburn School District Board of Directors has sEst up an educational program and operations levy for submittal to the voters of the district on Tuesday, February 7, 2006; and WHEREAS, the proposition replaces the previous 2005 and 2006 levies and would be collected in the 2007 and 2008 tax years; and WHEREAS, the proposed levy would provide teachers and support staff funded to maintain current class size and student -teacher ratios and help employ substitutes for teachers and other staff as needed; and WHEREAS, the levy would also provide, consistent with prior levies, the district's transportation operations costs, ensuring safe home -to -school transportation of its students; and WHEREAS, the levy would also provide programs that could provide enhanced special education programs in that the levy would pay the difference between what the state funds and what the district currently provides; for its students with disabilities; and WHEREAS, the levy would also provide career and technical education programs to help support work -to -school programs that feature work-related instruction and technology; and Resolution No. 3971 January 11, 2006 Page 1 of 3 WHEREAS, the levy would also provide, in addition to basic instructional programs, several other instructional programs that do not receive state support or support at the currently funded levels, including, for example, the district's gifted programs, honors programs and advanced placement programs; and WHEREAS, the levy would also fund all activity programs such as debate, band, choir and athletic programs, such as fast pitch, track and basketball; and WHEREAS, the proposed levy amount is consistent with the previous levy amounts, so that this levy would a continuation of existing funding, rather than a new funding source; and WHEREAS, pursuant to state law, RCW 42.17.130, the City Council of the City of Auburn, is entitled to and desires to show its support for the Auburn School District Proposition Number 1 on the February 7, 2006, election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. The City Council hereby expresses its support for the Auburn School District Proposition Number 1 educational program and operations levy, coming before the voters on Tuesday, February 7, 2006; and the City Council urges the votes of the Auburn School District to support thei levy to ensure continued high quality educational programs. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 3971 January 11, 2006 Page 2 of 3 Section 3. If any portion of this resolution or its application to any person or circumstances is held invalid, the remainder of the resolution or application of the provision to other persons or circumstances should not be affected. Section 4. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 2006. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APP<&ED AS TO FORM: Daniel ei , City Attorney Resolution No. 3971 January 11, 2006 Page 3 of 3 MEMORANDUM TO: PETER B. LEWIS, MAYOR, and CITY COUNCILMEMBERS FROM: DANIEL B. HEID, AUBURN CITY ATTORNEY DATE: AUGUST 15, 2002 RE: POLITICAL ACTIONS OF CITY COUNCIL - BALLOT/ELECTION ISSUE Questions have recently surfaced about what action a city council may take concerning ballot or election issues. There are some specific limitations on what the City Council may do regarding political causes. Specifically, Section 42.17.130 of the RCW provides that the use of a public office or agency facilities in a political campaign is forbidden. The language of the statute states that no elected official, nor any employee employed by the public official/public agency may use or authorize the use of any public facility, directly or indirectly for the purpose of assisting a campaign for election of any person to any office or for promotion or opposition to any ballot proposition. The definition of what is included among "public facilities" is quite broad, and includes not only physical structures and buildings, but also equipment, machinery and supplies. Notwithstanding the above strongly worded prohibition, there are some exceptions to the limitations of the statute. Those exceptions include the followin;: (1) Action taken at an open public meeting by members of the City Council to express a collective decision, or to actually vote upon a motion, proposal, resolution or similar device to support or oppose a ballot proposition, so long as any required notice of the meeting include the title and number of the ballot proposition AND members of the City Council and/or public are afforded an approximately equal opportunity to express opposing views; and (2) A statement by an elected official in support of or in opposition of any ballot proposition at an open press conference or in response to a specific inquiry; and (3) Activities which are part of the normal and regular conduct of the office or agency. In connection with the above exceptions, it would be permissible for the City Council to cast a collective decision or vote in favor of or in opposition to an issue such as a school bond levy, state-wide initiatives or referendums, etc., providing that the topic is included in any required notices for the Council Meeting and that people with opposing views are given an approximate equal opportunity for response. The statement of an elected official in support of or opposition to a ballot proposition would not be something that would occur at a regular council meeting, and would more typically involve the specific action of the elected official who is calling the press conference. The third exception to the statute would not seem to often apply to cities. I hope this information is helpful to address the issues. If you have any questions of me in these regards, please do not hesitate to ask. cc: Department Directors, City Clerk