HOUSE BILL REPORT

HB 534

BYRepresentatives Haugen, Beck, Zellinsky, S. Wilson and May

Establishing uniform procedures for filling vacancies in elected, nonpartisan governing bodies of local governments.

House Committe on Local Government

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass. (10)

     Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Beck, Bumgarner, Ferguson, Madsen, Nealey, Nelson, Rayburn and L. Smith.

House Staff:Steve Lundin (786-7127)

AS REPORTED BY COMMITTEE ON LOCAL GOVERNMENT FEBRUARY 17, 1987

BACKGROUND:

General state law provides that a vacancy in an elective office occurs upon various events, including the death or resignation of the incumbent, his or her conviction of a felony, or his or her failing to be a legally qualified elector of the district of local government from which he or she is elected.  Several statutes dealing with a single elective local government office specify other events when a vacancy occurs.

The method of filling partisan elective office is detailed in the state constitution, and involves the county central committee of the party of the person whose position is vacant making three nominations, the county commissioners selecting one of these three persons within 60 days of the vacancy, and if such a selection is not made, then the governor makes the selection from these nominees within a 30-day period.  A statute requires the county commissioners to name someone to fill a vacancy on the board of county commissioners within five days of the vacancy.

The method of filling vacancies on a nonpartisan elected local government governing body is established in statutes dealing with the particular office.

SUMMARY:

SUBSTITUTE BILL:  (1)  Three new events are established when a vacancy on an elective local government governing body arises:  (a) The member has been found to be incapacitated and not able to perform the duties of office due to mental incapacity under a special proceeding before a judge, initiated by the other governing body members, that conforms with the procedure to declare a person incompetent; (b) being declared incompetent by a judge under the procedure by which a guardian is appointed; and (c) failing to attend consecutive regular scheduled meetings without an excuse for the longer of 180 days or the period during which three regular scheduled meetings are held, with a written notice being provided to the member before the last meeting.

(2)  Vacancies on nonpartisan elective local government office would be filled by a uniform procedure.  The remaining members appoint someone to fill the vacancy until someone is elected to fill the remaining term at the next regular general election for the local government.  If this appointment is not made within 60 days, the appointment power reverts to the county legislative authority.  If only a single member remains, the county legislative authority appoints someone to one of the vacant positions.

(3)  County commissioner vacancies are to be filled pursuant to the constitutional requirements.  The county central committee of the part of the elected official must make its nominations within forty-five days.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  (1) The procedure by which incapacity is established was added.  (2) The provisions concerning the filling of county commissioner vacancies were added.  (3) Details were added as to how a vacancy arises for consecutive unexcused absences.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Dwain Colby, Island County; William Dunlop, Island County Commissioner (retired); Mary Regan, Central Committee of Island County; Jim Metcalf, Washington Association of Counties; and Joe Daniels, Washington Association of Water and Wastewater Districts.

House Committee - Testified Against: Dave Rogers, Washington PUD Association.

House Committee - Testimony For:     Sometimes an official will not resign who is incapacitated.  This creates a procedure to establish when a vacancy arises.  An unfortunate situation concerning a county commissioner vacancy just occurred in Island County.  The only alternative under current law is to recall the individual.  Vacancies arise in town council positions for failure to attend three consecutive meetings without excuse.  The chair will request that the substitute be referred to the Constitutions and Elections Committee.

House Committee - Testimony Against: Not enough time was given to this matter.  This bill should be in the Constitutions and Elections Committee.  County commissioner positions are different than special district commission positions.  PUD's have their own procedure that is appropriate.