Attached to this agenda bill are materials that explain the powers of initiative and referendum and draft materials that the City Council could adopt to start and complete the process of authorizing the powers of initiative and referendum in the City of Bainbridge Island.

Briefly, the powers of initiative and referendum for Washington cities allow registered voters in the city at issue to directly enact or repeal certain types of legislation. For cities that have adopted the powers of initiative and referendum, the starting point for a proponent of an initiative or referendum is to obtain signatures on a petition equal in number to 15% of the total number of registered voters within the city as of the date of the last preceding city general election.

Initiatives allow voters in a city to enact legislation directly through an ordinance. The power of referendum allows voters in a city to have an ordinance that has been enacted by the city council to be submitted to the voters for approval or disapproval before it becomes effective. An initiative or referendum prevails if it receives a simple majority of votes in a general or special election.

Generally, a topic subject to initiative and referendum must be legislative in nature (as opposed to administrative), and that topic must pertain to the powers granted to the city as a corporate entity (as opposed to a power that has been granted specifically to the city council). The following are a few topics that may be subject to initiative and referendum:

Power to Establish Solid Waste Handling System

Power to Establish Sewers, Drainage and Water Supplies

Power to Regulate Sidewalks

Authority to Assist Development of Low Income Housing

Authority to Acquire/Construct Multi-Purpose Community Center

Authority to Construct Sidewalks, Gutters, Curbs

Authority to Regulate and License Bicycles

Authority to Provide Off-Street Parking Facilities

Authority to Acquire and Operate Municipal Utilities Generally

Authority to Require Conversion to Underground Utilities

Authority for Local Regulatory Option on Sale of Liquor

Authority to Acquire Recreational Facilities

Authority to Regulate Food and Drugs

Authority to Regulate Health and Safety

Authority to Provide for the General Welfare

Power to Acquire, Use, and Manage Property and Materials

Authority to Provide Public Utilities

Authority to Regulate Harbors and Navigation

Regarding specific examples of topics that are not subject to initiative and referendum powers, such topics include the power to annex property, as well as adopting or amending the zoning code or regulations related to or adopted pursuant to the Growth Management Act. Additionally, RCW 35A.11.090 lists several types of ordinances that are not subject to referendum, as follows:

(1) Ordinances initiated by petition;

(2) Ordinances necessary for immediate preservation of public peace, health, and safety or for the support of city government and its existing public institutions which contain a statement of urgency and are passed by unanimous vote of the council;

(3) Ordinances providing for local improvement districts;

(4) Ordinances appropriating money;

(5) Ordinances providing for or approving collective bargaining;

(6) Ordinances providing for the compensation of or working conditions of city employees; and

(7) Ordinances authorizing or repealing the levy of taxes; which excepted ordinances shall go into effect as provided by the general law or by applicable sections of Title 35A RCW as now or hereafter amended.

As a code city, the City of Bainbridge Island (“City”) does not automatically have the powers of initiative and referendum for its electorate. To obtain such powers, the City must formally adopt the powers of initiative and referendum. Of the 197 code cities in Washington state, approximately 46 (or 23%) such cities have formally adopted these powers.

There are two methods by which the City can adopt such powers. One method is initiated by a resolution enacted by a majority of the City Council. The other method is by voter petition (via a petition containing signatures equal in number to 50% of the votes cast at the last general municipal election). Creation of the powers of initiative and referendum is typically done by the city council in code cities.

First Step: A Resolution

The first step in creating the powers of initiative and referendum by the legislative body is for the City Council to adopt a resolution declaring the intention to provide for initiative and referendum powers. If adopted, such a resolution must be published in a newspaper of general circulation within the city not more than 10 days after its passage.

If no referendum petition is filed within 90 days after publication of the resolution, then the City Council would be obligated to enact an ordinance formally adopting the powers of initiative and referendum.

If a referendum petition is filed within the 90 days after publication of the resolution, and the resolution is signed by qualified electors of the city equal to not less than 10 percent of the votes cast at the last general municipal election, an election must be held on the issue of whether to adopt these powers for the City. The vote would be held at the next general municipal election if there is one within 180 days or otherwise at a special election called for that purpose pursuant to RCW 29A.04.330.

Attached is a proposed resolution which would declare the City Council's intent to adopt the powers of initiative and referendum for the City. As described above, if the proposed resolution is enacted, the powers of initiative and referendum would be adopted for the City unless a timely and sufficient referendum petition is filed referring the question to the registered voters of the City.

Also attached is a proposed draft ordinance. The draft ordinance is attached for reference and has not been subjected to thorough legal review by the City Attorney at this point, pending further Council action.

For additional background and guidance, also attached is MRSC’s “Initiative and Referendum Guide,” which provides detailed information on this topic, including related to the types of topics and actions that are and are not subject to the powers of initiative and referendum.

The Council considered this item at its May 15, 2018, study session. As part of that Council meeting, a Council request was made for additional information related to arguments for and against adopting the powers of initiative and referendum. In response to that request, note that Page 2 of MRSC’s Initiative and Referendum Guide contains a page-long description of arguments for and against the initiative and referendum powers.

Note, too, that Appendix A to the initiative and referendum guide contains a list of the cities and counties that have adopted the powers of initiative and referendum. The list was recently updated in April, 2018. MRSC’s Initiative and Referendum webpage also contains a list of cities that have adopted the powers of initiative and referendum.