HOUSE BILL REPORT

HB 2030

BYRepresentatives Hine, Nelson, Phillips, Todd, Valle, K. Wilson, Haugen and Brekke

Restricting the composition of metropolitan municipal councils.

House Committe on Local Government

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (14)

      Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Ferguson, Ranking Republican Member; Horn, Nealey, Nelson, Nutley, Phillips, Raiter, Rayburn, Todd, Wolfe, Wood and Zellinsky.

House Staff:Steve Lundin (786-7127)

AS REPORTED BY COMMITTEE ON LOCAL GOVERNMENT FEBRUARY 23, 1989

BACKGROUND:

Metropolitan municipal corporations are units of local government that can be created to provide one or more of the following facilities and services:  (1) water pollution abatement; (2) water supply; (3) public transportation; (4) garbage disposal; (5) parks and parkways; (6) comprehensive planning.  Each class of function must be authorized by the voters of the metropolitan municipal corporation.

Two metropolitan municipal corporations have been created, the Metropolitan Municipal Corporation of Seattle and SnoMet in Snohomish County.  SnoMet is inactive.  The Metropolitan Municipal Corporation of Seattle has been authorized to engage in water pollution abatement and public transportation activities.

A metropolitan municipal corporation is a federated-type of government governed by a metropolitan council.  Membership on the council is determined by a statutory scheme that includes ex- officio members, as well as members who are appointed to the council.  No members of a metropolitan council are elected directly to the council by the voters of a metropolitan municipal corporation.

The metropolitan council of the Metropolitan Municipal Corporation of Seattle has 38 members for its public transportation function and 40 members for its water pollution abatement function.

Compensation for members of a metropolitan council varies, from none for full time, elected officials to the chair who receives a salary established by the council, the amount of which is not limited by statute.

A metropolitan municipal corporation that is located in a class A or AA county may be assumed by the county if a ballot proposition authorizing such an assumption, that has been submitted to the voters of the metropolitan municipal corporation, is approved by a simple majority vote of the voters of the central city who vote on the proposition, and a simple majority vote of the voters of the remainder of the metropolitan municipal corporation who vote on the proposition.

SUMMARY:

SUBSTITUTE BILL:  The metropolitan council of a metropolitan municipal corporation is altered from the existing membership scheme of ex-officio and appointed members, the exact composition of which varies depending on local circumstances, to a 15 member body, 12 of whom are ex-officio members and three of whom are directly-elected members.  The ex-officio members are elected officials of the central county, central city, and other component cities, distributed between these three groups in direct proportion to the population of each of these groups, with the population of the unincorporated area being ascribed to the county for such purposes.

Provisions are made to alter the distribution of the ex-officio members among the central county, central city, and other component cities, as their respective populations change.

The three directly-elected members are elected to staggered four- year terms.  Three council districts are established, with one council member being elected from each of these three districts at odd-numbered year general elections. If the metropolitan municipal corporation is coterminous with a county that has nine council districts, the county legislative authority designates three sets of three adjacently located county legislative authority districts to be the metropolitan council districts.  Otherwise the metropolitan council designates the three council districts.

The initial metropolitan council of a newly created metropolitan municipal corporation consists of only the ex-officio members, and the directly-elected members are elected at the first general election occurring 90 or more days after the election at which the voters have authorized creation of the metropolitan municipal corporation.

The metropolitan council of an existing metropolitan municipal corporation remains as the governing body until replaced by new council members on January 1, 1990.  The new directly-elected metropolitan council members are nominated at the September, 1989 primary election, elected at the November 1989 general election, and assume office on January 1, 1990.  Staggering of their terms is provided.  The ex-officio members must be designated by December 15, 1989, and assume office on January 1, 1990.

The chair of a metropolitan council, and the chair of each committee, must be one of the directly-elected members, except that these requirements do not apply to a metropolitan municipal corporation in existence as of the effective date of this act until January 1, 1991.  At least three directly-elected members must be on each committee of five or more members, and at least two directly-elected members must be on each committee of four or fewer members.

The existing compensation scheme of metropolitan council members is repealed, and metropolitan council members receive a per diem rate of compensation of $50 for each day or major portion of a day devoted to the business of the metropolitan municipal corporation, but not to exceed $7,000 in any year for an ex-officio member, nor $14,000 for a directly-elected member.  Additionally, metropolitan council members receive a salary equal to that of a member of the Washington State Legislature.

However, the ex-officio members who also are full time local elected officials shall not receive the per diem compensation, nor the salary, but the county or city for which they are elected officials receives their per diem compensation and salary.

Commencing in 1995, and every 10 years thereafter, an election is held at the general election to elect a temporary review board of local voters elected for any metropolitan municipal corporation that performs two or more functions to review the make-up of the metropolitan council and the functions of the metropolitan municipal corporation is authorized to perform.  The temporary review board may submit ballot propositions to the voters of the metropolitan municipal corporation to alter the make-up of the metropolitan council or add new functions to the metropolitan municipal corporation.  The propositions may be submitted at the general elections one or two years after the temporary review board members are elected.

A charter amendment to a charter of a county, that is coterminous with a metropolitan municipal corporation, increasing the number of persons on the county legislative authority to a number greater than nine members, causes the metropolitan municipal corporation to be assumed by the county unless the charter amendment provides specifically to the contrary.

The existing law relating to counties assuming a metropolitan municipal corporation is altered to remove the double voter approval requirement.  A single simple majority vote of county voters will authorize such an assumption.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  (1) The size of the new metropolitan council was reduced from 18 to 15 members, by reducing the number of directly-elected members from six to three; (2) the salary of members who are not full time elected officials for other local governments is altered from a monthly amount, varying with the size of the metro budget but not to exceed $500 per month, to the salary of a member of the Washington State Legislature; (3) changes were made to the possibility of an amendment to a county charter, that increases the size of the county council, causing the metro to be assumed by the county; (4) the existing law providing for a double simple majority vote to have a county assume a metro is altered to provide for a single simple majority vote; and (5) the temporary review board is first elected in 1995, instead of 1990, and then every 10 years thereafter.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Mayor Dan Kelleher, City of Kent; Jeannette Williams, Seattle City Council; Bruce Bowden and Vivian Mathews, Citizens to Save Puget Sound; Paul W. Locke, citizen; Steve Leahy, Greater Seattle Chamber of Commerce; Paul Barden, King County Council; Don Campbell, King County 2000; Roger Pence, citizen; Bob Neir, Kirkland Council; Chris Leman, Eastlake Community Council; Daniel Linville, Amalgamated Transit Union - Local 587; Steven Been, Transit Alliance; Paul Lanspery, City Manager, Mercer Island; and Betty Lunz, King County Sewer Districts.

House Committee - Testified Against:      Gary Zimmerman, Metropolitan Municipal Corporation of Seattle.

House Committee - Testimony For:    The metro council is too big, unresponsive and not representative.  We need some directly-elected members to provide accountability.  This is an interim step until metro is combined with King County sometime in the future.  Look at all the problems metro has been having lately.  You cannot find metro. The staff control metro.  Unincorporated areas are under represented.

House Committee - Testimony Against:      Metro is working fine.  The federated approach is best.  One person, one vote need not be followed if none of the members are elected directly.  City interests must be kept in mind.  This version goes too far.  This version does not go far enough.  There should be only directly- elected members.  Metro should be merged with King County.