Scanlon stated he is trying to tailor this narrowly to the legal advice that
they have received on the viability of AB2026-259.
Councilmembers and Thulin discussed the Council being able to discuss
legal advice that might be operating in a gray area, or what mechanism is in
place if a councilmember feels that policy is being filtered by the
Prosecutor’s Office.
The motion carried by the following vote:
Aye: 6 - Buchanan, Elenbaas, Rienstra, Scanlon, Stremler, and Boyle
Nay: 0
Out of the Meeting: 1 - Galloway
Scanlon reviewed the three ordinances that are scheduled tonight for public
hearing, a resolution demonstrating Council’s intent for the use of the sales
tax funds, and a proposal to put to the people an advisory vote which is on
for introduction from Councilmembers Elenbaas and Stremler. Scanlon
stated they may not have time in this meeting for a presentation by the
executive's office but they could consider that this evening.
Thulin spoke about her legal analysis regarding the viability of AB2026-259
pursuant to RCW 82.14.345. She stated there was a legal constraint in this
particular context, in terms of putting a ballot that would be binding to the
people. The people did not have the authority to make this particular taxing
decision. The state legislature chose to delegate the responsibility of
whether to impose it to the legislative authority of the local jurisdiction,
which in this case is County Council. She read from the RCW and spoke
about her role and duty in advising the Council.
Elenbaas stated they do not have a mechanism to discuss the legal analysis
when policy stops in the Prosecutor’s Office. He spoke about his concerns
with the legal opinion the Council received, how he interprets the RCW to
allow for two possible parallel options for authorizing the tax, and his belief
that nothing in this ordinance, if they send it to the people, is explicitly
denied in the law.
Thulin spoke about her interpretation of the RCW language and the 2028
timeframe given in the RCW for legislative authority to impose the tax.
Elenbaas stated it is clear to him that the executive's office wants and needs
this budget item, and they want us to give it to them as fast as we can, and
his interpretation of the legal analysis is that it is supporting that position.
That is where he feels like sometimes they get a conflict arising. He spoke
about how it may erode trust in the future if Whatcom County citizens feel
like the County is taking money from them again.
