HomeMy WebLinkAbout4315 OrdinanceORDINANCE NO. �315
AN ORDINANCE of the City of Pasco, Washington amending Chapter
1.10 of the Pasco Municipal Code regarding "Voting Districts."
WHEREAS, the Pasco City Council is currently made up of five district seats and two
"at -large" seats, all seats which, pursuant to Washington State law, are voted on city-wide in
general elections; and
WHEREAS, state law also requires that each voting district shall be as nearly equal in
population as possible to each and every other voting district within the city; and further by
ordinance, the City Council is required to re-establish district boundaries whenever the
population of any district exceeds by ten percent or more the population of any other district;
provided that no change to the boundaries of any district shall be made within ninety days prior
to the date of a general municipal election, nor within twelve months after districts have been
established or altered; and
WHEREAS, the City has experienced an increase in and redistribution of population
since the voting districts were last established, having occurred more than twelve months prior;
and along with the overall growth, community demographics have continued to change such that,
according to U.S. Census data, 20 percent of the population in 1980 was of Latino heritage, and
today, that number is 56 percent. Demographic changes in the city's voting age population have
followed, with approximately one-third of the voting age population identifying as Latino; and
WHEREAS, noting the above trend, the City Council took particular care during the
2014-2015 redistricting process to assure that districts in areas more densely populated with
Latino voting age citizens were structured in such a way as to maximize the impact of the Latino
vote; and
WHEREAS, through this process, the City Council recognized the impact of state law
which prevents Pasco and cities like it from providing for a district -only based election system
for voting in both primary and general elections, thus limiting the impact of the Latino vote; and
WHEREAS, in May 2015, the City Council enacted Resolution No. 3635 declaring its
intent to pursue a change in state law to allow District based -voting, declaring its continuing
intent to provide equal voting opportunities for all of its citizens, and to provide equitable and
proportional representation; and
WHEREAS, the City actively pursued a change in state law through the legislative
process during the 2015 and 2016 legislative sessions; however, the State Legislature has yet to
pass a bill that would offer relief; and
WHEREAS, Washington State Senator Pam Roach, at the behest of the City, requested
an Opinion from the Washington State Attorney General regarding the City's authority, in light
of RCW 35A.12.180 to change its election system to District -based voting for City Council,
resulting in an Opinion on January 28, 2016 which noted that:
"Thus, RCW 35A.12.180 specifically denies to code cities the authority to restrict voting by
ward (districts) at the general election. Therefore, a local ordinance that provided for general
elections by ward would conflict with RCW 35A.12.180 and be preempted by state law... In
sum, Code cities in Washington that believe they may be in violation of the VRA face difficult
decisions and potential legal risk regardless of what course they choose"; and
WHEREAS, The American Civil Liberties Union (ACLU) of Washington, in March
2016, notified the City that it believes the City's current election system, as it fails to provide for
district -based elections, violates the federal Voting Rights Act (VRA) and that the ACLU would
seek remedies, including court action, to make the City compliant with the VRA; and further, the
City has been in active negotiations with the ACLU to evaluate the concerns raised, to ensure
that whatever course the City Council elects to pursue will withstand any challenges for violating
state or federal law, and to avoid litigation, if possible; and
WHEREAS, Pasco City officials have been consulting with the ACLU to determine the
data and the law that must be considered in addressing the alleged violations of the VRA and
given the fact that state law precludes district -based voting in cities like Pasco, and Pasco's
efforts to change state law to allow for greater flexibility have been fruitless, both the City and
ACLU agreed that it was necessary to embrace limited litigation in Federal Court as the only
available means to bring the force of federal law to remedy the problem that exists as a result of
state law; and
WHEREAS, the City and ACLU jointly entered a proposed a "Partial Consent Decree"
which identified the likely violation of the VRA and sought to establish jurisdiction of the
Federal Court to order an appropriate remedy to address the violation; and the City Council
approved this action on August 15, 2016; and
WHEREAS, on September 2, 2016 Judge Lonny Suko of the United States District
Court for the Eastern District of Washington granted the Partial Consent Decree thereby ordering
that the City must, in order to remedy a violation of Section 2 of the Feral Voting Rights Act,
implement a new election system. That RCW 35A.12.180 is abrogated under the Federal
supremacy clause and enjoining the City, "from administrating, implementing, or conducting
fixture elections for the Pasco City Council under the current at -large election method or any
other election method that violates Section 2 of the Voting Rights Act"; and
WHEREAS, the City Council held, after due notice, a public hearing on September 6 to
take comments and evaluate the options for district -based voting, which included the current
five- district/two at -large, six-district/one at large, and seven-district/no at -large alternatives; and
WHEREAS, the Council determined that the six-district/one at -large alternative was
preferred due to its providing three Latino citizen voter -age majority districts, the same number
as possible under the ACLU's preferred seven district plan; and further, due to the plan providing
greater opportunities for voters to influence the number of elections for members of the City
Council and for voters to have the opportunity to run for seats on the City Council; and
WHEREAS, further, the Council determined that the six-district/one at -large alternative
provides for the possibility of greater continuity of government and ease in implementation and
therefore, the plan was adopted by the City Council on September 19, 2016; and
WHEREAS, on October 3, 2016, the City Council held, after due notice, a public
hearing on the six -district plan boundary alternatives, to receive and consider public comment on
the alternative boundary plans; and
WHEREAS, the Council, after due and deliberate consideration, has determined the
preferred boundary plan, pursuant to RCW 29A 76.010, for amending said voting districts,
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That Chapter 1.10 entitled "Voting Districts" of the Pasco Municipal Code,
shall be and hereby is amended to read as follows:
CHAPTER 1.10 VOTING DISTRICTS
Sections:
1.10.010 NUMBER OF DIVISIONS - EQUAL POPULATION IN EACH
1. 10.020 DISTRICT ONE
1. 10.030 DISTRICT TWO
1. 10.040 DISTRICT THREE
1.10.050 DISTRICT FOUR
1. 10.060 DISTRICT FIVE
1.10.070 DISTRICT SIX
1.10.0780 ELECTION OF COUNCILMEMBERS AND COUNCILMEMBERS-AT-LARGE.
1.10.0890 COUNCILMEMBERS - RESIDENTIAL REQUIREMENT AND/OR REMOVAL
1.10.09100 RE-ESTABLISHMENT OF DISTRICT BOUNDARIES
1.10.1010 ANNEXATION
1.10.14-20 RECALL PETITIONS
1.10.1230 FILLING VACANCIES
1.10.010 NUMBER OF DIVISIONS - EQUAL POPULATION IN EACH. The City is divided
into €rye six voting districts. Each district shall be as nearly equal in population as possible;
compact as possible; consist of geographically contiguous area; be configured as to not favor or
disfavor any racial group or political party; and to the extent feasible, coincide with the existing
recognized natural boundaries so as to preserve existing communities of related and mutual
interest.
1. 10.020 DISTRICT ONE. Voting district one shall encompass the area within the City of Pasco
comprised of precinct numbers five, nine, ten, fourteen and fifteen (5, 9, 10, 14, 15); plus those
portions of precinct number one (1) within US Census block group 020100 known as blocks
1033, 1034, 1035, 1040, 1041, 1044, 1045, 1047, 1048, 2019, 2020, 2021, 2022, 2035, 2036,
2037, 2038, 2047; plus that portion of precinct number three (3) which lies north of Shoshone
Street; plus that portion of precinct number nineteen (19), within US Census block group 020502
known as blocks 1024, 1025, 1026, 1047, 1050; as those precincts are described on the maps and
property descriptions on file with the Auditor of Franklin County.
1.10.030 DISTRICT TWO. Voting district two shall encompass the area within the City of Pasco
comprised of precinct numbers thirteen and eighteen (13 18)' plus those portions of precinct
number one (1) within US Census block group 020100 known as blocks 1028 1042 1043 2001
2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011 2012 2013 2014 2015 2016
2017, 2018, 2023, 2024, 2025, 2026, 2027, 2028, 2029 4000 4001 4002 4003 4004• plus
precinct number two (2) except that portion which lies west of Cedar Ave and north of "A"
Street; plus precinct number four (4) except that portion which lies within US Census block
group 020100 known as blocks 3010, 3011, 3012, 3015 3016 3017 3018 3019 3020 3025•
also except that portion which lies within US Census block group 020200 known as blocks
portion which lies north of Kahlotus Highway, however, including US Census block group
020100 block 1027; five, six, _ twelve, - * less thathi h is laeaa
n rh o f Gobi« Street and wet o f -24th Avenue, aei&een, is c 7 n 10, 12 16*;
117 and 19,) as those precincts are described on the maps and property descriptions on file with
the Auditor of Franklin County.
1.10.040 DISTRICT THREE. Voting district three shall encompass the area within the City of
Pasco comprised of precinct numbers -eight, eleven, fourteen, rave. xteea* ,that peftia_
,..hien is lceated aAh of Gaui; Street and west of 24th AN,eaue4 twenty-two, twenty-three,
twenty-four, thirty-two, thirty-three, thirty-four, thirty-five thirty-eight, forty-two, forty-three,
and forty-four (8, 11, 114 `166*, 22, 23, 24, 32, 33, 34, 35, 38, 4243 -and 44); plus precinct
number twenty-five (25) except that portion which lies south of I-182• plus precinct number
thirty-seven (37) except for US Census block group 020605 block 2000• plus precinct number
thirty-nine (39) except for US Census block group 020605 blocks 2001 and 2022• plus precinct
number forty (40) except for US Census block group 020502 blocks 3006 3012 3013 3014
3015 3016 3017• and except US Census block group 020501 blocks 1000 1001 1006 as those
precincts are described on the maps and property descriptions on file with the Auditor of
Franklin County.
1.10.050 DISTRICT FOUR. Voting district four shall encompass the area within the City of
Pasco comprised of precinct numbers thit4y seven, thifty nine,b-t�- Fee, forty-five,
forty-six, forty-seven, fifty, fifty-one fifty-three, fifty-four and fifty-five
54, 55); plus that portion of precinct number forty (40) which includes US Census block group
020502 blocks 3006. 3012 3013 3014 3015 3016 3017 and including US Census block group
020501 blocks 1000. 1001, 1006;; plus that portion of precinct number thirty-nine (39) which
includes US Census block group 020605 blocks 2001 and 2022• plus that portion of precinct
number thirty-seven (37) which includes US Census block group 020605 block 2000• plus that
portion of Precinct number fifty-two (52) which lies east of Broadmoor Blvd• plus US Census
block group 020601 block 3047 and that portion of block 3046 which is within the city limits;
and tha+ pei4ien of sixty fettr* whieh is leeated within the City (nat4h of Argent Read), ,
40, 4' 45, 46, 47 `n `1, 55, and 604 as those precincts are described on the maps and property
descriptions on file with the Auditor of Franklin County.
1. 10.060 DISTRICT FIVE. Voting district five shall encompass the area within the City of Pasco
comprised of precinct numbers nineteen, twenty, twenty-one, twenty five, twenty-six, twenty-
seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-six, forty-one, forty-eight, forty-nine,
fifty two, fifty three Fwy fauF, fifty-six, fifty-seven, fifty-eight, fifty-nine, sixty, sixty -twos -and
sixty-three, sixty-five, sixty-six, and sixty-seven (4-9, 20, 21, 25, 26, 27, 28, 29, 30, 31, 36, 41,
48, 49, 52, °�T 56, 57, 58, 59, 60, 62, -and 63, 65, 66, 67); plus that portion of precinct
number nineteen (19) which lies west of Road 32 and south of Pearl Street; plus that portion of
precinct number twenty-five (25) which lies south of I-182; plus that portion of precinct number
fifty-two (52) which lies west of Broadmoor Blvd. j as those precincts are described on the maps
and property descriptions on file with the Auditor of Franklin County.
1.10.070 DISTRICT SIX. Voting district six shall encompass the area within the City of Pasco
portion of precinct number one (1) within US Census block group 020100 known as blocks
1046, 1049, 2030, 2031, 2032, 2033, 2034, 2039 2040 2041 2042 2043 2044 2045 2046
2048 2049 2050plus that portion of precinct number two 2 which lies west of Cedar Ave and
north of "A" Street; plus that portion of precinct number four (4) which lies within US Census
block group 020100 known as blocks 3010, 3011 3012 3015 3016 3017 3018 3019 3020
3025; plus that portion of precinct number four (4) which lies within US Census block group
020200 blocks 3019, 3020, 3021, 3035, 3036; as those precincts are described on the maps and
Property descriptions on file with the Auditor of Franklin County.
1.10.870 80 ELECTION OF COUNCILMEMBERS AND COUNCILMEMBERS-AT-
LARGE. The qualified electors of each voting district, and they only, shall nominate from
among their number candidates for the office of councilmember of such voting district to be
voted for at the following general election. Such candidates shall be nominated in the same
manner as other candidates at the primary election held on the date specified in RCW
29A.04.311. In addition, one two councilmembers, designated councilmembers-at-large, shall be
nominated from among all districts within the City. Each council position shall be numbered one
through six five corresponding to the district number with the at -large candidates being
designated as position six and seven. The two candidates having the highest vote totals for each
council position shall be certified as having been nominated and shall run for that position in the
general election. District Gcouncilmembers shall be elected by all of the qualified voters of the
District and the councilmember at -large shall be elected by all of the qualified voters of the City
and the person receiving the highest number of votes for the office of councilmember for the
position for which he or she is a candidate shall be declared duly elected.
1.10.080-090 COUNCILMEMBERS - RESIDENTIAL REQUIREMENT AND/OR
REMOVAL. Councilmembers elected from districts shall be residents of the district from which
they are elected. Removal of a councilmember from the district from which he or she was elected
shall create a vacancy in that office; provided, that no change in the boundaries of districts shall
affect the term of any councilmember, but he or she shall serve out his or her term in the district
of their residence at the time of their election.
1.10.090-100 RE-ESTABLISHMENT OF DISTRICT BOUNDARIES. In addition to decennial
census adjustments required by RCW 29A.76.010, the Council shall reestablish district
boundaries whenever the population in any district exceeds by ten percent or more the population
in any other district; provided, that no change in the boundaries of any district shall be made
within ninety days next before the date of a general municipal election, nor within twelve months
after the districts have been established or altered.
1.10.180-] 10 ANNEXATION. When additional territory is added to the City, it may, by act of
the City Council, be annexed to contiguous districts or attached to any other district as the
Council may determine without affecting the right to re -district at the expiration of twelve
months after the last previous division.
1.10.44&120 RECALL PETITIONS. Any registered voter shall be eligible to sign a petition for
the recall of any councilman.
1. 10.124-130 FILLING VACANCIES. If a vacancy in the Council occurs or if a district office is
not filled by the election process, the remaining members of the City Council shall appoint a
person to fill such office until the next regular general municipal election, at which time a person
shall be elected to serve for the remainder of the unexpired term. Persons appointed to fill district
offices shall be the residents of that district.
Section 2. This ordinance shall take full force and effect five days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this 1 Oth day of October, 2016.
Matt Watkins, Mayor
M
Debra L. Clark, City Clerk
M"It
— AS , FORM:
Leland B. Kerr, City Attorney