S-3398

AN ACT Relating to metropolitan municipal corporations; amending RCW 35.58.120, 35.58.130, 35.58.160, and 35.58.040; adding a new section to chapter 35.58 RCW; creating a new section; and repealing RCW 35.58.118, 35.58.140, 35.58.150, and 35.58.270.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 35.58.120 and 1983 c 92 s 1 are each amended to read as follows:

A metropolitan municipal corporation shall be governed by a metropolitan council composed of the following:

(1) ((One member (a) who shall be the elected county executive of the central county, or (b) if there shall be no elected county executive, one member who shall be selected by, and from, the board of commissioners of the central county.

(2) One additional member for each county commissioner district or county council district which shall contain fifteen thousand or more persons residing within the metropolitan municipal corporation, who shall be the county commissioner or county councilman from such district;

(3) One additional member selected by the board of commissioners or county council of each component county for each county commissioner district or county council district containing fifteen thousand or more persons residing in the unincorporated portion of such commissioner district lying within the metropolitan municipal corporation each such appointee to be a resident of such unincorporated portion;

(4) One member from each component city which shall have a population of fifteen thousand or more persons, who shall be the mayor of such city, if such city shall have the mayor-council form of government, and in other cities shall be selected by, and from, the mayor and city council of each of such cities.

(5) One member representing all component cities which have less than fifteen thousand population each, to be selected by and from the mayors of such smaller cities in the following manner: The mayors of all such cities shall meet prior to July 1 of each even-numbered year at a time and place to be fixed by the metropolitan council. The chairperson of the metropolitan council shall preside. After nominations are made, successive ballots shall be taken until one candidate receives a majority of all votes cast.

(6) One additional member selected by the city council of each component city containing a population of fifteen thousand or more for each fifty thousand population over and above the first fifteen thousand, such members to be selected from such city council until all councilmen are members and thereafter to be selected from other officers of such city.

~~(7)~~)) Nine members who shall be elected from nine metropolitan council districts. Elections shall be nonpartisan and held in odd-numbered years. Metropolitan council elections shall be conducted in accordance with Title 29 RCW for nonpartisan elections. Every metropolitan municipal corporation that is not coextensive with a county having nine legislative authority districts shall be divided into nine council districts each having approximately equal population. Where a metropolitan municipal corporation is coextensive with the boundaries of a county that has nine legislative authority districts, the council districts shall be the county legislative authority districts, and the council districts shall be considered redrawn when the legislative authority districts are redrawn, although any change in boundary lines shall not affect existing terms of office.

Metropolitan council districts shall be used as follows: (a) Only a registered voter who resides in a council district may be a candidate for, or hold office as, a member of the metropolitan council; and (b) only the voters of a council district may vote at a primary or general election to nominate candidates for or elect members to a metropolitan council.

The term of office of each member of a metropolitan council shall be four years and until a successor is elected and qualified. The initial members of the metropolitan council shall be elected at the next general election occurring sixty or more days after the creation of the metropolitan municipal corporation, and members of the council for a metropolitan municipal corporation in existence on the effective date of this act shall be elected at the next general election after the effective date of this act. If the metropolitan municipal corporation is created, the persons elected at the first election shall serve as the initial members of the metropolitan council.

A primary shall be held as provided in chapter 29.21 RCW for an election for initial members of a newly created metropolitan municipal corporation and for the first election of an existing metropolitan municipal corporation after the effective date of this act.

The terms of office of the initial members shall be staggered as follows: (i) The five persons who are elected receiving the five greatest numbers of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year, or three-year terms of office if the election is held in an even-numbered year, and shall hold office until successors are elected and qualified and assume office in accordance with RCW 29.04.170; and (ii) the other four persons who are elected shall be elected to two-year terms of office if the election is held in an odd-numbered year, or one-year terms of office if the election is held in an even-numbered year, and shall hold office until successors are elected and qualified and assume office in accordance with RCW 29.04.170. The initial and newly elected members of the metropolitan council shall take office the first day in January in the year following their elections.

The members of a metropolitan council that is not coterminous with a county with nine county legislative authority districts may redraw council district boundaries at any time and submit the redrawn districts to the county auditor. The new council districts shall be used at the next election at which members of the metropolitan council are regularly elected that occurs at least one hundred eighty days after the revised districts have been submitted.

Each district shall constitute as nearly as possible one-ninth of the population of the metropolitan municipal corporation.

Any change of boundary lines provided for in this section shall not affect the term for which a member of a metropolitan council holds office at the time the change is made.

(2) For any metropolitan municipal corporation ((~~which shall be~~)) that is authorized to perform the function of metropolitan water pollution abatement, ((~~two additional~~)) one member((s)) who ((~~shall be)) is a commissioner((s~~)) of a sewer district or a water district ((~~which is operating~~)) that operates a sewer system and is a component part of the metropolitan municipal corporation ((~~and~~)), who shall participate only in those council actions ((~~which~~)) that relate to the performance of the function of metropolitan water pollution abatement. The commissioners of all ((~~such~~)) the sewer districts and water districts ((~~which~~)) that are component parts of the metropolitan municipal corporation shall meet on the ((~~first Tuesday of the month following May 21, 1971 and thereafter on the~~)) second Tuesday of June of each even-numbered year at seven o'clock p.m. at the office of the ((~~board of county commissioners~~)) legislative authority of the central county. After ((~~election of~~)) electing a ((~~chairman, nominations~~)) chairperson, the commissioners shall ((~~be made~~)) make nominations to select ((~~members~~)) a member to serve on the metropolitan council and take successive ballots ((~~taken for each member~~)) until one candidate receives a majority of votes cast. ((~~The two members so selected shall not be from districts whose boundaries come within ten miles of each other.~~

~~(8)~~)) (3) One member, who shall be ((~~chairman~~)) chairperson of the metropolitan council, selected by the other members of the council. The ((~~member shall~~)) chairperson may not hold any public office of or be an employee of any component city or component county of the metropolitan municipal corporation. The chairperson shall hold office until the second Tuesday in July of each even-numbered year and may, if re-selected, serve more than one term.

Sec. 2. RCW 35.58.130 and 1965 c 7 s 35.58.130 are each amended to read as follows:

At the first meeting of the metropolitan council following the formation of a metropolitan municipal corporation, the ((~~mayor of the central city~~)) member receiving the most votes for election shall serve as temporary ((~~chairman~~)) chairperson. As its first official act the council shall elect a ((~~chairman~~)) chairperson. The ((~~chairman~~)) chairperson shall be a voting member of the council and shall preside at all meetings. In the event of his or her absence or inability to act the council shall select one of its members to act as ((~~chairman~~)) chairperson pro tempore. A majority of all members of the council shall constitute a quorum for the transaction of business. A smaller number of councilmembers than a quorum may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as the council may provide. The council shall determine its own rules and order of business, shall provide by resolution for the manner and time of holding all regular and special meetings and shall keep a journal of its proceedings which shall be a public record. Every legislative act of the council of a general or permanent nature shall be by resolution.

NEW SECTION. Sec. 3. A new section is added to chapter 35.58 RCW to read as follows:

The metropolitan council shall appoint an eligible person to fill a vacancy in an elective metropolitan council position. The appointee shall serve until a successor is elected and qualified at the next general election occurring sixty or more days after the vacancy has occurred. The person who is elected at that election shall take office immediately after he or she is qualified and shall serve the remainder of the unexpired term. However, if at this next general election an election would have otherwise been held to elect a person to the position in which a vacancy has occurred, a separate election shall not be held to elect a person to fill the vacancy during the remainder of the unexpired term. The person who is elected at this election for this position shall take office immediately upon being qualified and shall serve for both the remainder of the unexpired term in addition to the full term to which he or she is elected.

Sec. 4. RCW 35.58.160 and 1985 c 330 s 1 are each amended to read as follows:

The ((~~chairman and committee chairmen of the metropolitan council except elected public officials serving on a full-time salaried basis~~)) chairperson and members may receive such compensation as the ((~~other members of the~~)) metropolitan council shall provide((. Members of the council other than the chairman and committee chairmen shall receive compensation of fifty dollars per day or portion thereof for attendance at metropolitan council or committee meetings, or for performing other services on behalf of the metropolitan municipal corporation, but not exceeding a total of four thousand eight hundred dollars in any year, in addition to any compensation which they may receive as officers of component cities or counties: PROVIDED, That elected public officers serving in such capacities on a full-time basis shall not receive compensation for attendance at metropolitan, council, or committee meetings, or otherwise performing services on behalf of the metropolitan municipal corporation: PROVIDED FURTHER, That committee chairmen shall not receive compensation in any one year greater than one-third of the compensation authorized for the county commissioners or county councilmen of the central county)) by resolution. The chairperson may receive compensation greater than the council members. If a member is appointed from a sewer or water district pursuant to RCW 35.58.120(2), such member may receive a per diem from the council.

Any member of the council may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the council as provided in this section. The waiver, to be effective, must be filed any time after the member's ((~~selection~~)) election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

All members of the council shall be reimbursed for expenses actually incurred by them in the conduct of official business for the metropolitan municipal corporation.

NEW SECTION. Sec. 5. The metropolitan council of a metropolitan municipal corporation existing on the effective date of this act shall retain its existing composition until January 1, 1993, at which time the newly constituted metropolitan council shall assume control over the metropolitan municipal corporation. The first order of business of the newly constituted metropolitan council shall be to appoint a chair as provided for in RCW 35.58.130.

Sec. 6. RCW 35.58.040 and 1991 c 363 s 39 are each amended to read as follows:

At the time of its formation no metropolitan municipal corporation shall include only a part of any city, and every city shall be either wholly included or wholly excluded from the boundaries of such corporation. ((If subsequent to the formation of a metropolitan municipal corporation a part only of any city shall be included within the boundaries of a metropolitan municipal corporation such part shall be deemed to be "unincorporated" for the purpose of selecting a member of the metropolitan council pursuant to RCW 35.58.120(3) and such city shall neither select nor participate in the selection of a member on the metropolitan council pursuant to RCW 35.58.120.))

Any metropolitan municipal corporation now existing or hereafter created, within a county with a population of from two hundred ten thousand to less than one million bordering a county with a population of one million or more, or within a county with a population of one million or more, shall, upon May 21, 1971, as to metropolitan corporations existing on such date or upon the date of formation as to metropolitan corporations formed after May 21, 1971, have the same boundaries as those of the respective central county of such metropolitan corporation: PROVIDED, That the boundaries of such metropolitan corporation may be enlarged after such date by annexation as provided in chapter 35.58 RCW as now or hereafter amended. Any contiguous metropolitan municipal corporations may be consolidated into a single metropolitan municipal corporation upon such terms, for the purpose of performing such metropolitan function or functions, and to be effective at such time as may be approved by resolutions of the respective metropolitan councils. In the event of such consolidation the component city with the largest population shall be the central city of such consolidated metropolitan municipal corporation and the component county with the largest population shall be the central county of such consolidated metropolitan municipal corporation.

NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:

(1) RCW 35.58.118 and 1971 ex.s. c 303 s 4 & 1967 c 105 s 10;

(2) RCW 35.58.140 and 1971 ex.s. c 303 s 6, 1969 ex.s. c 135 s 2, 1967 c 105 s 4, & 1965 c 7 s 35.58.140;

(3) RCW 35.58.150 and 1984 c 44 s 1, 1967 c 105 s 5, & 1965 c 7 s 35.58.150; and

(4) RCW 35.58.270 and 1967 c 105 s 12 & 1965 c 7 s 35.58.270.