Charter Review Commission adopts temporary-rule amendment, delays votes on prosecutor nonpartisanship and signature thresholds

The Whatcom County Charter Review Commission voted to send a proposed procedural change to the November ballot and postponed two other high-profile charter items pending further legal and drafting work.

The commission approved an amendment that says the member of the charter review commission who receives the most votes will convene the first meeting and propose temporary operating rules for adoption by the full body. Commissioner Muschler read the text into the record: “The member of the commission that receives the greatest number of votes shall convene the first commission.” The commission then accepted substitute wording offered in discussion that a convening commissioner “shall propose temporary operating rules for adoption by the body to facilitate the creation of the permanent organization.” The measure passed on a roll call 13–2.

Commissioners and members of the public said the change is intended to avoid the procedural confusion that marked earlier commissions. Commissioner Muschler argued the amendment will give the new commission a way to start meeting promptly; Commissioner Olivas (as recorded) proposed the compromise language that makes the convenor’s rules subject to adoption by the whole commission.

Two other proposed charter changes drew extended public comment and were postponed. One would change the county prosecuting attorney’s office to a nonpartisan position. Prosecuting Attorney Derek Ritchie, who attended, told the commission the change would not have altered how he handled cases but said it could help address community perception: “It’s about perceptions,” Ritchie said. After public testimony both for and against the change, commissioners voted to delay action so staff and counsel can draft transition language; the commission set a time certain (March 13) for that follow-up work.

A separate proposal from Commissioner Redding would change how many signatures are required to place a referendum or a citizen-initiated charter amendment on the ballot, making the threshold a share of votes cast in the last county executive election rather than a share of votes in a gubernatorial year. Redding summarized the practical effect, telling the commission that the current charter threshold produces an effective count so high it is effectively unattainable locally: “You generally need 25% more than that in the way of signatures… the maximum number of validated signatures ever collected in this county was 8,890,” he said, and under current rules some ballot options are effectively impossible. Commissioners asked staff for comparative tallies under several percentage options and agreed to return the matter for further analysis at the Feb. 27 meeting.

Votes at a glance - Temporary operating rules amendment (convener proposes rules until permanent rules adopted): passed 13–2. Moved by Commissioner Muschler; substitute language accepted and adopted. - Prosecuting attorney nonpartisan amendment: postponed to March 13 for transition drafting and legal review. Motion to delay carried; staff to prepare transition language and legal analysis. - Change signature-threshold amendment (use county executive turnout): postponed to Feb. 27 for additional data and possible bifurcation (referendum vs. charter amendment thresholds). Staff requested to provide comparative scenarios and historical signature counts.

Why it matters: The adopted temporary-rule language aims to prevent early procedural disputes and shorten the outset of future charter review commissions. The delayed votes affect how the county elects its prosecutor and how voters or petitioners can place measures on the ballot — both outcomes could change the timing and mechanics of county elections and petition campaigns.

The commission directed staff to prepare the requested transition language and legal analysis and scheduled both postponed items for future meetings so commissioners can review draft language before taking a final vote.